IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 1696 of 1990 Date of Decision : August 20, 2010. Ramphal and another ...... Petitioners Versus The State of Haryana and others ...... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- None for the petitioners. Mr. D.S. Nalwa, Addl. A.G. Haryana, for respondents. AUGUSTINE GEORGE MASIH, J. (ORAL). The prayer in the present writ petition is for issuance of a writ in the nature of mandamus directing the respondents to appoint petitioners as Constables (Wireless Operators) in the Haryana Police. According to the petitioners, they had appeared for an interview on 19.08.1989 in response to the advertisement in the shape of press release. Thereafter, despite attending various stages of selection process, they were not selected. They contend that they were fully qualified for the said post whereas others were selected, while they were left out. In response to the notice issued in the case, written statement has been filed by respondent No. 3 on behalf of respondents No. 2 and 3, wherein in para-2 on merits, it has been stated as follow :- “2. As regard para 2 of the writ petition it is submitted that the posts for recruitment of constable wireless operators were advertised. It is also correct that the petitioners appeared as candidates for finding selection to these posts. But it is incorrect that they fulfilled all the requisite necessary qualifications. Qualifications for male candidates were B.Sc. or Matric with ITI course in Radio and TV. The petitioner mentioned at Serial Number one in the writ petition was neither B.Sc. nor ITI pass in Radio and TV. He was matric with diploma C.W.P. No. 1696 of 1990 -2- of Electrician from ITI. The other petitioner-mentioned at Serial Number 2 in the writ petition was asked to get himself medically examined vide this office memo No. 16904 dated 19.8.89 from the Chief Medical Officer Mohindergarh but no information has yet been received either from the petitioner or from the Chief Medical Officer Mohindergarh regarding the result of the petitioner. So in the absence of his medical result required under rules the department could not consider his name for selection/appointment” No replication has been filed by the petitioners to the averments made by respondents to the writ petition. Counsel for respondents, on instructions from EASI Naresh Kumar 672/C, O/o Superintendent of Police, Telecommunication, Haryana, Panchkula, states that the petitioner No. 2 had not got himself medically examined nor did he submit fitness certificate and, therefore, he could not be further considered for the appointment to the said post. In view of the above stand taken by respondents, wherein it has been stated that the petitioner No. 1 could not be considered for the appointment to the said post because of not having requisite educational qualification and petitioner No. 2 having not got himself medically examined, as per the requirement of Rules, holding him physically fit for appointment to the said post, and there being no rebuttal to the said assertion of the respondents by the petitioners by preferring replication, the present writ petition deserves to be dismissed. Ordered accordingly. (AUGUSTINE GEORGE MASIH) JUDGE August 20, 2010. sjks.