Pooja Yadav vs State Of Haryana And Others
2023 Latest Caselaw 16569 P&H

                                                      Neutral Citation No:=2023:PHHC:125196




 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Sr. No.: 207
                                 Civil Writ Petition No.23533 of 2017 (O&M)
                                        Date of Decision: September 22, 2023


Pooja Yadav
                                                              ..... PETITIONER(S)
                                           VERSUS
State of Haryana and others
                                                             ..... RESPONDENT(S)

                                             ...

CORAM:             HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

                                             ...

PRESENT: - Mr. Jasbir Mor, Advocate for the petitioner.

                   Mr. Rohit Arya, DAG, Haryana.

                   Mr. Kanwal Goyal, Advocate with Ms. Deepali Jindal,
                   Advocate for respondents No.2 and 3.

                                            . . .


Tribhuvan Dahiya, J. (Oral)

This petition has been filed, inter alia, seeking a writ of

mandamus directing the respondents to select and appoint the petitioner as

Assistant Professor (College Cadre) in Commerce against one vacant post of

ESM (Ex Servicemen)/DESM (Dependents of Ex Servicemen), which

remained unfilled due to non-availability of candidates of the aforesaid

category.

2. Learned counsel for the Commission submits that there is no

vacant post of Assistant Professor (College Cadre) in Commerce for

ESM/DESM category. One of the DESM category candidates had filed,

CWP-14072-2017 titled Rakesh Kumar v. State of Haryana and others,

before this Court claiming appointment against the said post. The petition

has been allowed vide judgment dated 02.07.2019, and the post is to be

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Neutral Citation No:=2023:PHHC:125196

2023:PHHC:125196

CWP No.23533 of 2017 (O&M) [2]

given to Rakesh Kumar in terms thereof. It is also submitted that the

petitioner belongs to 'dependent of freedom fighter' category, and only if a

post of DESM/ESM category remains vacant, it can be given to the freedom

fighter category.

3. In view of the statement made, claim raised in the petition

does not survive, and is, accordingly, disposed of having been rendered

infructuous.

4. Pending miscellaneous application(s), if any, stand

disposed of as having been rendered infructuous.

(Tribhuvan Dahiya) Judge September 22, 2023 payal

Whether Speaking/ Reasoned: Yes/ No Whether Reportable: Yes/ No

Neutral Citation No:=2023:PHHC:125196

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