CWP No.3324 of 2011.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.3324 of 2011 (O&M) Date of Decision: 24.02.2011 **** Shabira Parveen . . . . Petitioner VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Kapil Kakkar, Advocate for the petitioner **** SURYA KANT J. (ORAL) (1). The petitioner seeks a mandamus to direct respondent No.2 to appoint her on the post of Urdu Teacher (Primary) against the post reserved for the physically challenged persons. It is alleged that Noor Mohd. - Respondent No.3 who got 120.4 marks and is lower in merit than the petitioner who has secured 128 marks, has already been given appointment and as such the action of the official respondents in not giving her appointment is violative of Articles 14 and 16 of the Constitution of India. CWP No.3324 of 2011.doc - 2 – (2). The petitioner has already raised the above-mentioned claim vide representation dated 29.01.2011 (Annexure P10) which is still under consideration. (3). Having heard learned counsel for the petitioner and keeping in view the fact that the above-stated plea taken by the petitioner requires ascertainment of correct facts by the respondent-authorities, I deem it appropriate to dispose of this writ petition with a direction to respondent No.2 to verify the facts and in case the petitioner is found entitled to, to give her appointment from the date when the candidates lower in merit were appointed with all consequential benefits except the arrears of pay, as early as possible within a period of two months from the date of receipt of a certified copy of this order. However, the respondent No.2 is of the view that the petitioner is not entitled to be appointed, her claim shall be decided by passing a reasoned order within the stipulated period. (4). Ordered accordingly. Dasti. 24.02.2011 vishal shonkar (S u r y a K a n t) Judge