IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.638 of 2009 (O&M) Date of decision: 22.7.2009 State of Haryana and others. -----Appellants Vs. EHC Naresh Kumar. -----Respondent CORAM:- HON’BLE MR. JUSTICE ADARSH KUMAR GOEL HON’BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Ms. Palika Monga, AAG, Haryana for the appellants. ----- ORDER: 1. The State is aggrieved by judgment of the learned Single Judge. 2. Learned Single Judge allowed the writ petition of the respondent, seeking a direction for placing him in List B-1 for being deputed to the Lower School Course, which is the eligibility condition for promotion to the post of Head Constable. The writ petitioner was not allowed this opportunity on the ground that his merit was lower to his junior. Learned Single Judge held that as per scheme of rules, seniority subject to minimum requisite merit, was the parameter for the entitlement. LPA No.638 of 2009 Reliance was placed on earlier DB judgment of this Court in Naresh Kumar v. State of Haryana and others C.W.P. No.7952 of 2004 delivered on 5.11.2004. 3. Objection regarding delay in approaching the Court was also overruled by the learned Single Judge, relying upon DB judgment of this Court in Balraj Singh and others v. State of Haryana and others C.W.P. No.19965 of 2006 delivered on 22.10.2008. 4. Learned counsel for the State has not been able to dispute the applicability of Division Bench judgments, followed in the impugned order, to the present case. 5. In view of above, no ground is made out to interfere with the view taken by the learned Single Judge. 5. The appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE July 22, 2009 ( DAYA CHAUDHARY ) ashwani JUDGE 2