IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.15325 of 2009 Date of decision : 5.12.2011 Kuldeep Singh ....Petitioner Versus Govt.Polytechnics Education Society and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr. R.K.Malik, Sr. Advocate with Mr.Kohal Sharma, Advocate for the petitioner. Mr.Sunil Nehra, Sr.Deputy Advocate General, Haryana, for respondents No.1 to 3. Mr.Rajbir Sehrawat, Advocate for respondent No.4. ..... MAHESH GROVER, J. The petitioner's grievance was that Sh. Shree Krishan, who belonged the the backward class category had obtained higher marks than the last person selected in the general category and thus he should have been considered in the general category and had the official respondents done so, the petitioner would have succeeded in the backward class category. During the course of pendency of the petition, the official respondents have now filed an affidavit of Shri P.K.Soni, Principal, CDL Government Polytechnic Education Society, Nathusari Chopta, C.W.P.No.15325 of 2009 -2- Sirsa and in para 3 it has been stated as under :- “3. In this regard, it is submitted that one candidate namely Shree Krishan was appointed on the post of Lecturer in Computer Engineering in BC category although he had scored higher marks than the last candidate of General category. Hence, the petitioner was not appointed against the BC category post and has filed the instant writ petition. Now due to promotions, one post of Lecturer in Computer Engineering in General category has become vacant with effect from 21.6.2011 and Sh. Shree Krishan is being adjusted against the General category post and as a result, the petitioner shall be offered appointment against BC category post. However, the process may take one months time to complete the formalities.” The aforesaid stand of respondents No.1 to 3 satisfies the grievance of the petitioner and learned counsel for the petitioner contends that his petition be disposed of as having become infructuous but necessary directions be given to the official respondents to consider his prayer that he be deemed to have been notionally appointed from the date when the appointment of Sh. Shree Krishan took place in the year 2008 without accompanying monetary benefits. On due consideration of the matter, I am of the opinion that the petitioner has been unduly denied the appointment to which he was entitled to in the year 2008 because of lapse on the part of official C.W.P.No.15325 of 2009 -3- respondents. For the said reasons, the petitioner shall be given notional benefits without any financial implications to consider his case for appointment with effect from the date when Sh. Shree Krishan was appointed. The affidavit filed by Mr. Soni be complied with in letter and spirit. Petition stands disposed of. 5.12.2011 (MAHESH GROVER) JUDGE dss