C.W.P. No. 1438 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 1438 of 2009 Date of Decision : May 30, 2011 Rajiv Kumar .... PETITIONER Vs. PSEB SAS Nagar and others ..... RESPONDENTS CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH * * * Present : Mr. Vivek Sharma, Advocate, for the petitioner. Dr. B.M. Singh, Advocate, for respondent No. 1. None for respondents No. 2 to 4. * * * AUGUSTINE GEORGE MASIH, J. (ORAL) Challenge in this writ petition is to the selection made to the post of Lecturer (Computer Science) by the Punjab School Education Board vide advertisement dated 10.04.2008. There were four posts in all. Result of the selection was declared on 12.04.2008. The petitioner was not selected. The petitioner has challenged the selection on the ground that the same has been made in an arbitrary manner with an intention to benefit one Navdeep Kaur, who was daughter of an employee of the Board and C.W.P. No. 1438 of 2009 2 was placed at Sr. No. 1 in the select list. She was not impleaded as a party as she did not join. It was a grouse of the petitioner that the whole selection is tainted and made with a mala-fide intention. Upon notice, reply has been filed by the respondents. It has been stated by the respondents that due criteria was framed by the respondents and followed for making the selection. The marks obtained from Class 12th onwards were fixed and accordingly, the candidates were assessed on that basis and granted the marks. 15 marks were fixed for interview. On the basis of the marks obtained by the petitioner in his various educational qualifications, the petitioner only secured 46.02 marks whereas Navdeep Kaur obtained 55.41 marks, Somesh Agnihotri obtained 52.28 marks, Sony Garg obtained 52.15 marks and Pargat Singh obtained 51.55 marks. They were along with others called for interview and accordingly, were granted marks for the interview. After the interview, the total marks obtained by Navdeep Kaur came to 66.41, Pargat Singh obtained 64.55 marks, Somesh Agnihotri obtained 64.28 marks and Sony Garg obtained 64.15 marks. Counsel for respondent No. 1 states that even if the petitioner is granted 15 marks in the interview still he would attain 61.02 marks and, therefore, would not be selected as his merit would be lower than the merit attained by the above four selected candidates. Further it is the contention of counsel for respondent No. 1 that the three candidates, except Navdeep Kaur, have already joined. The petitioner, therefore, would not be in a position to be at par with marks, which would entitle him to the selection and an ultimate appointment to the post of Lecturer (Computer Science) as the next selected candidate on the waiting list is Ashok Bathla. In this view of the matter, even if the assertions, which are made by the petitioner, are taken to be correct, the relief, as claimed by the petitioner, cannot be granted and it would be a mere academic exercise in C.W.P. No. 1438 of 2009 3 going through the matter. It would, however, be not out of way to mention here that the allegations made by the petitioner in the writ petition with regard to the mala-fide etc. have been specifically denied by the respondents. In view of the above, as no effective relief can be granted to the petitioner, the present writ petition does not call for adjudication on merits on the basis of the assertion of mala-fide, as asserted by the petitioner. Dismissed. (AUGUSTINE GEORGE MASIH ) May 30, 2011 JUDGE pj