IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.1180 of 2009(O&M) Date of decision: 11.11.2009 Sachin Kumar. -----Appellant Vs. Sh. Yogesh Rai and others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. H.N. Khanduja, Advocate for the appellant. --- ORDER: 1. The appellant is aggrieved by order of learned Single Judge, allowing the writ petition of respondent No.1 and directing that the case of respondent No.1 be considered for appointment as Guest Drawing Teacher. 2. Case of the respondent No.1 was that he was one of the candidates for the post of drawing teacher. He was eligible and had higher merit, but the appellant was appointed on the ground that he had Diploma in Arts and Craft from ITI which alone was required to be considered in view of instructions dated 4.9.2007, Annexure P-5. LPA No.1180 of 2009 3. Learned Single Judge upheld the contention of the respondent No.1 that as per judgment dated 22.2.2007 in C.W.P. No.20617 of 2006 Randhir Singh & others v. State of Haryana and others, diploma awarded by Kurukshetra University was required to be considered. 4. The appellant has not disputed that under the judgment of this Court, which has become final, diploma awarded by the Kurukshetra University was also required to be considered. It is also not disputed that merit of Yogesh Rai was higher. In that view of the matter, no fault could be found with the view taken by learned Single Judge. 5. The appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE November 11, 2009 ( GURDEV SINGH ) ashwani JUDGE 2