C.W.P. No.8498 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.8498 of 2008 DATE OF DECISION: NOVEMBER 13, 2009 Naveen Kumar .....PETITIONER Versus Dakshin Haryana Bijli Vitran Nigam Ltd., Panchkula and another ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL --- Present: Mr.Sanjeev Kodan, Advocate, for the petitioner. Mr.Mohnish Sharma, Advocate, for the respondents. .. SATISH KUMAR MITTAL, J. The petitioner has filed the instant petition under Article 226 of the Constitution of India for quashing the order dated 23.08.2007 (Annexure P8) passed by respondent No.2, whereby the appointment of the petitioner on the post of Upper Division Clerk has been cancelled; as well as for quashing the Advertisement dated 7.10.2007 (Annexure P10), which has been issued for making recruitment on 65 posts of Upper Division Clerks. It is the case of the petitioner that in pursuance of the advertisement dated 19.10.2006(Annexure P1), he applied for the post of Upper Division Clerk under BCA Category. He was issued the Roll Number for appearance in the written test. It is further the case of the petitioner that C.W.P. No.8498 of 2008 -2- he has cleared the said test and his name was shown in the list of successful candidates for the post of Upper Division Clerk, which was published on 7.6.2007. Thereafter, he was called for interview. The petitioner appeared in the same and subsequently on 15.7.2007, the final result was declared and the name of the petitioner finds mentioned in the list of successful candidates in BCA Category. Thereafter, the petitioner was issued appointment letter for the post of Upper Division Clerk on 18.7.2007. But subsequently, the said letter was cancelled by the impugned order on the ground that the petitioner was wrongly declared selected on the post of Upper Division Clerk as one Pawan son of Shri Mahavir Singh was on higher in merit in BCA Category, but he was wrongly placed in the waiting list. The said order has been challenged by the petitioner in the instant petition. In the written statement filed on behalf of respondents No.1 and 2, it has been stated that in the result declared on 15.7.2007, the petitioner was shown to have been selected on the post of Upper Division Clerk, but later on the Haryana Staff Selection Commission, Panchkula communicated to respondent No.1 that on correct determination of category as per application form, the name of Pawan son of Shri Mahavir Singh, who was at merit No.64 in BCA Category, was recommended in place of the petitioner, who was at merit No.80 in the said category. Consequently, he was selected as Upper Division Clerk in BCA Category and the petitioner was placed at serial No.1 in the waiting list of the said category. On 5.11.2009, after hearing the counsel for the parties, the following order was passed:- “As per the case of the respondents, the impugned order dated C.W.P. No.8498 of 2008 -3- 23.8.2007 (Annexure P-8) has been passed to correct the mistake as in the result declared for the posts of U.D.C., one Sh. Pawan Kumar was not shown as BCA candidate, whereas he was BCA candidate, and on inclusion of the said candidate in the merit list, the petitioner had gone out of the merit list and placed at Sr. No.1 in the waiting list. Counsel for the petitioner states that if the application form of Sh. Pawan Kumar is shown to this Court, whereby he has applied for the post of U.D.C. in BCA category, then he will not press this petition. Counsel for the respondents seeks short adjournment to bring the original application form of Sh. Pawan Kumar on the next date of hearing. Adjourned to 13.11.2009.” Today, counsel for the respondents has shown the original application form of Pawan son of Shri Mahavir Singh to the Court from which it is clear that the said candidate applied for the post of Upper Division Clerk under BCA Category. Along with his application form, he has also annexed BCA Certificate, which was issued by the competent authority certifying that Pawan son of Shri Mahavir Singh belongs to Kumhar caste which has been declared Backward Class by the Haryana Government and is placed in Block `A'. In view of the aforesaid factual position, the petitioner cannot be given the benefit of appointment letter issued to him under a mistake. In this petition, the petitioner has not questioned his as well as merit position of said Pawan, as indicated above. In view of these facts, there is no merit in the petition and the same is hereby dismissed. November 13, 2009 (SATISH KUMAR MITTAL) vkg JUDGE