CWP No.3417 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CWP No.3417 of 2009 Date of decision : 24.1.2011 Amardeep Singh ........Petitioner Vs. State of Punjab and others .........Respondents CORAM : HON'BLE MR. JUSTICE PERMOD KOHLI Present:- Mr.Surinder Garg, Advocate, for the petitioner Ms.Charu Tuli, Senior DAG, Punjab --- PERMOD KOHLI, J (Oral) : Respondent No.1 issued an advertisement dated 21.10.2006 in the local news paper “The Tribune” inviting applications for appointment of 1314 School Teachers of different subjects and Block Primary Education Officers as well as Math Masters/Mistresses and Lecturers. The petitioner applied for the post of Math Lecturer under BC Category in response to the aforesaid advertisement. As many as 5 posts of lecturer (Math) were meant for BC Category. On completion of the process of selection, the petitioner secured 67.65% marks but was not selected. The petitioner has placed on record the news paper (Annexure P-6) published on 9.11.2007 where the last selected candidate under the BC Category is shown to have secured 61.29% marks. He has also placed on record the intimation received under the RTI Act by one Niraj Kumar, who was also informed vide letter dated 3.1.2008 (Annexure P-8) that the last selected candidate under BC Category for the post of Math Lecturer has secured 69.29% marks. Since the petitioner has more marks than the last selected candidate, this petition has been filed seeking a CWP No.3417 of 2009 -2- direction for his appointment on the basis of higher merit than the last selected candidate under the BC Category. Respondents in the reply have, however, refuted the claim of the petitioner and it is mentioned that the last selected candidate under the Male BC Category for the post of Lecturer (Mathematics) has secured 71.27% marks whereas the petitioner secured only 67.65% marks. As regards the publication of the result in news paper and information received under RTI Act is concerned, it is stated that an inadvertent mistake has occurred in showing the marks of the last selected candidate under the above mentioned category and it is wrongly published as 61.29%. It is further stated that the last appointee has secured 71.27 % marks. In view of the affidavit filed by the Director Public Instructions, Secondary Education, Punjab that the last appointee secured 71.27% marks, no relief can be granted to the petitioner. Petition dismissed. (PERMOD KOHLI) JUDGE 24.1.2011 akm