L.P.A. No. 326 of 2009 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH L.P.A. No. 326 of 2009 DATE OF DECISION: 1.7.2009 Ms. Monika ..........Appellant Versus State of Haryana & Ors. ..........Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Bhoop Singh, Advocate for the appellant. Mr. Rameshwar Malik, Additional Advocate General, Haryana for respondents No.1 to 5. Mr. Harish Bhardwaj, Advocate for respondents No.6 and 7. **** ADARSH KUMAR GOEL, J. (Oral) 1. This appeal has been preferred against the judgment of learned Single Judge dismissing the writ petition of the appellant for quashing of place of posting as Lecturer in Computer Engineering at Nathusri Chopta (Sirsa). 2. Case of the appellant is that she applied for the post of Lecturer in Computer Engineering in various Polytechnic Education Societies under the State of Haryana, for which separate advertisements were issued, including Government Polytechnic Education Society, Sanghi, District Rohtak. However, a common Selection Committee headed by Financial Commissioner, who is the ex-officio Chairman of Board of Governors of every Government Polytechnic Education Society, was L.P.A. No. 326 of 2009 (2) constituted, which conducted the interviews. The appellant was offered appointment vide letter dated 10.12.2008 at Nathusri Chopta (Sirsa). Later, the appellant received information that persons given appointment at Sanghi were lower to her in the joint merit. According to the appellant, she should have been given a choice of place of posting before persons lower to her in merit were given the place of posting and should have been selected for Sanghi, which is the place of her choice as she is stationed at Rohtak. 3. The writ petition was contested by submitting that a common Selection Committee was constituted for filling up 12 posts and 12 persons in the order of merit have been given appointment. No specific choice having been given by any candidate for any particular place and the appellant herself having applied for the post at Government Polytechnic at Nathusri Chopta (Sirsa) also, cannot have any grievance against appointment being offered to her there. 4. Learned Singe Judge dismissed the writ petition holding that the petitioner had no legal right to be posted at Sanghi. 5. We have heard learned counsel for the parties. 6. Learned counsel for the appellant submitted that the appellant, having applied against the vacancy at Sanghi, could not be denied appointment when she was higher in merit to the persons who had been posted at Sanghi. Accordingly, appointment of one out of respondents No. 6 and 7, be set aside and the petitioner be posted at Sanghi. 7. We are unable to accept the submission. Even though each Polytechnic Education Society has been separately registered under the provisions of the Societies Registration Act, it is not disputed that all the societies are owned and controlled by the State of Haryana and the Financial Commissioner-cum-Principal Secretary to the Government of Haryana is the common Chairman of the Board of Governors of all the L.P.A. No. 326 of 2009 (3) Societies. Holding of a common selection cannot be held to be arbitrary. There is no allegation of malafides. It would have been desirable to provide column in the applications seeking preference for place of posting and if such preference was indicated, the same could be taken into account. It would have also been desirable to mention in the advertisement itself that there would be common selection but even in absence of that, we do not find any ground to interfere with the appointments made. However, we direct respondent No.1 to consider the prayer for exchange of place of posting of the appellant, if she produces consent of any other candidate within one week from today. 8. Subject to above, the appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE July 01, 2009 (DAYA CHAUDHARY) pooja JUDGE