CWP No.8724 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.8724 of 2010 (O&M) Date of Decision: 12.05.2010 **** Sarwan Singh . . . . . Petitioner VS. State of Punjab and another . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Sukhdev Kamboj, Advocate for the petitioner Mr. K.S. Sidhu, DAG Punjab ***** SURYA KANT J. (ORAL) (1). Notice of motion. Mr. K.S. Sidhu, learned DAG Punjab accepts notice on behalf of the respondents. In view of the nature of order which I propose to pass, there is no need to call upon the respondents to file their counter-affidavit at this stage. (2). The petitioner belongs to the reserved category of Scheduled Castse (Ramdasia & Others). He applied for the post of Lecturer (Physical Education) in the above mentioned reserved CWP No.8724 of 2010.doc - 2 – category and has got 67.95% marks. The petitioner’s grievance is that as per the information supplied to him under the Right to Information Act, vide memo dated 22.04.2010 (Annexure P6), one Harvinder Pal s/o Gian Chand (Registration No.415771) who also belongs to the same reserved category and whose merit position is 66.7% i.e. below the petitioner, has been given appointment overlooking the petitioner’s claim in total violation of Article 14 & 16 of the Constitution of India. (3). Having heard learned counsel for the parties and keeping in view the assertion made by the petitioner, I deem it appropriate to dispose of this writ petition with a direction to the respondents to verify the records and consider the petitioner’s claim and in case it is found that a candidate lower in merit has been given appointment, to offer appointment to the petitioner, if he is otherwise eligible, from the date of appointment of his junior, with all consequential benefits. (4). The needful shall be done within a period of three months from the date of receipt of a certified copy of this order. CWP No.8724 of 2010.doc - 3 – (5). Ordered accordingly. (6). Dasti . (SURYA KANT) JUDGE 12.05.2010 vishal shonkar