HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.13528 of 2009 (O&M) Date of Decision: 19.09.2011 **** Sukhwinder Kaur . . . . Petitioner VS. State of Punjab & Ors. . . . . 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. AK Walia, Advocate for the petitioner Ms. Sudeepti Sharma, DAG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner is aggrieved by the selection of respondent No.3 as Art & Craft Teacher in the Scheduled Caste (Ex- serviceman) female category and she also seeks her own appointment in place of respondent No.3 who is alleged to be lower in merit than the petitioner. (2). The respondents have filed their reply/affidavit dated 26- 29.04.2011 wherein it is categorically averred that in the revised merit list sent by the Subordinate Services Selection Board, the merit of the last selected candidate in the Scheduled Caste (Ex-Servicemen) female category is 140.26 whereas the petitioner’s merit position is 106.57. The merit of respondent No.3, however, is admitted to be CWP No.13528 of 2009.doc - 2 – 103.13 and it is explained that she “could not make a place in the selection zone of selection in the revised merit list”. Thus, it is the categoric stand of the official respondents that the 3rd respondent has not been selected and obviously not appointed. (3). That being so, no case to issue the desired writ is made out and the writ petition is dismissed. However, if the petitioner finds that any other candidate(s) lower in merit has/have been given appointment, liberty is granted to her to firstly represent along with particulars and merit position of such candidate(s) to respondents No.1&2, who, in turn, are directed to consider and dispose of the same by passing a speaking order within a period of three months from the date any such representation is received. (4). Ordered accordingly. Dasti. 19.09.2011 vishal shonkar (SURYA KANT) Judge 2