CWP No.3521 of 2007 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CWP No.3521 of 2007 Date of decision: 22.9.2008 Sukesh Kumar ..Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Karan Nehra, Advocate, for the petitioner. Ms. Charu Tuli, Senior DAG, Punjab. Ashutosh Mohunta, J. (oral) The Punjab Education Department issued advertisement for Online Submission of Applications for appointment to the 2614 posts of the Teachers for various subjects, vide advertisement dated 27th October, 2006 (Annexure P-1). The petitioner submitted his application for appointment as Mathematics Teacher in Backward Class category. The results were declared on 28th November, 2006 vide which the merit list was duly notified in the news paper. The petitioner was selected and was placed at Serial No.24 in the merit list for the Backward Class appointees vide Annexure P-3. However, there was a note in the merit list that in case any person has been left out inadvertently, then necessary correction shall be made in the list dated 28th November, 2006 (Annexure P-3). Learned counsel for the petitioner submits that although he CWP No.3521 of 2007 2 was selected and placed at Serial No.24 but the petitioner has not been issued appointment letter. Reply has been filed on behalf of the respondents wherein it has been averred that the name of one person, who had secured higher marks than the petitioner was included in the merit-list subsequently and hence the petitioner has been denied appointment as a Mathematic Teacher in the Backward Class category. It has been averred that the petitioner has secured 65.74 marks and the last person, who has been selected, has secured merit percentage of 66.052 marks. As the petitioner has secured less marks than the last person selected under the Backward Class category, therefore, he is not entitled to be issued appointment letter. In case, if averments made by the respondents are incorrect, the petitioner may file an appropriate representation for revival of the case. (ASHUTOSH MOHUNTA) JUDGE (RAJAN GUPTA) JUDGE September 22, 2008 'rajpal'