CWP 5636 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 5636 of 2009 Date of Decision : 10.12.2009 Nand Kishore .......... Petitioner Versus State of Haryana & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Akshay Goyal, Advocate for the petitioner. Mr. Ashwani Markenday, DAG, Haryana for respondents No.1 & 2. Mr. B.L. Gupta, Advocate for respondent No.3. Mr. Sharad Aggarwal, Advocate for respondent No.4. **** VINOD K. SHARMA, J. (ORAL) The petitioner has invoked the writ jurisdiction of this Court to seek a writ of mandamus directing the respondents to grant approval to the selection of the petitioner for the post of Lecturer in Physical Education in Aggarwal College, Ballabgarh. The petitioner belongs to “Mallah” caste, which is recognized as a Schedule Caste in Delhi. Accordingly the petitioner was issued a Scheduled Caste certificate by the Delhi Administration. On the basis of the certificate issued by the Delhi CWP 5636 of 2009 2 Administration, the petitioner applied for the post of Lecturer in Physical Education against the post reserved for the Scheduled Casts candidates. It is not disputed that the petitioner was selected for the post and his case was recommended for approval by the University and the State of Haryana. However, no action on the said proposal was taken or conveyed to the petitioner or the college, the petitioner therefore invoked the writ jurisdiction of this Court to seek a writ of mandamus, as referred to above. Notice of motion was issued. Reply has been filed on behalf of the respondents / State by taking a specific stand that the approval cannot be granted to the petitioner as caste “Mallah” is not recognized as Scheduled Caste in the State of Haryana but backward class. In view of a positive stand taken by the State, no ground for issuance of direction for approval is made out. The learned counsel for the petitioner, however, prays that no written communication rejecting his claim has been sent, therefore, his right to challenge the said order in accordance with law stands defeated. The learned DAG, Haryana, however, states that the written communication rejecting the claim of the petitioner on the ground of he being not a scheduled caste in Haryana would be intimated to him within one month from the date of receipt of certified copy of this order. With the above observation, this writ petition is ordered to be dismissed. 10.12.2009 ( VINOD K. SHARMA ) 'sp' JUDGE