Jaswinder vs State Of Haryana And Others
2022 Latest Caselaw 6070 P&H

132
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                   CHANDIGARH

                                 CWP NO. 13206 OF 2022
                                 DATE OF DECISION : 04.07.2022

Jaswinder                                             ...Petitioner
            Versus
State of Haryana and others                           ...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA

Present :    Mr. S. S. Kaushik, Advocate,
             for the petitioner.

             Mr. Pankaj Middha, Addl. AG, Haryana.

ARUN MONGA, J. (ORAL)

Petitioner has approached this Court for issuance of a writ in

the nature of certiorari seeking to quash selection and appointment of

private respondents No.4 and 5. Allegedly, their selection has not been

made in accordance with the terms and conditions mentioned in

advertisement dated 04.09.2020 (Annexure P-4).

2. Concededly the post in question is a contractual one. Not

only that, petitioner having unsuccessfully participated for selection qua

the same, subsequently filed the instant writ petition claiming that

interview marks have been given without adopting any criteria.

3. On the aforesaid two counts alone, this Court would refrain to

interfere under the extraordinary writ jurisdiction to judicially review the

selections of respondents No.4 and 5 on contractual posts.

4. Criteria for selection was duly advertised vide advertisement dated

04.09.2020 (Annexure P-4) and it was open to the petitioner to challenge

the same prior to his participation in the selection processon the ground

1 of 2

that same is either not transparent and/or does not disclosethe procedure

to be adopted for awarding of interview marks. On the contrary, the

petitioner first preferred to participate in the selection process and it was

only when declared unsuccessful, he turned around to challenge the

criteria at a belated stage.

4. Reliance placed by learned counsel for the petitioner on a

judgment dated 24.10.2017 rendered by this Court in CWP No. 15287 of

2016 in case titled "Dr. Balkar Singh v. State of Haryana and others"

(Annexure P-17) seems to be totally misplaced inasmuch as selection in

the said case was made without there being any advertised criteria which

is not a case herein, as is borne out from advertisement dated 04.09.2020

(Annexure P-4) wherein the criteria has been laid down as below :-

REPRODUCE

5. In view of the above, no ground for interference by this

Court is made out.

6. Dismissed.

JULY 04, 2022                                     (ARUN MONGA)
Shalini                                               JUDGE


Whether speaking/reasoned :                  Yes/No
Whether reportable :                         Yes/No




                                    2 of 2