Ashok Kumar vs State Of Haryana And Ors
2024 Latest Caselaw 17828 P&H

Punjab-Haryana High Court

Ashok Kumar vs State Of Haryana And Ors on 24 September, 2024

                                       Neutral Citation No:=2024:PHHC:126600


CWP-24622-202
          2024                             -1-
            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

122                                              CWP
                                                 CWP-24622-2024
                                                 Date of Decision: 24.09.2024

ASHOK KUMAR                                                      ...Petitioner(s)

                                       Versus

STATE OF HARYANA AND OTHERS                                      ...Respondent(s)

CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:-    Mr. Jai Bhagwan Tobria,
                                 Tobria, Advocate
             for the petitioner.

             ***
TRIBHUVAN DAHIYA,
          DAHIYA J. (Oral)

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

for setting aside the judgment dated 29.05.2024 29.05.2024, Annexure P-7, passed in Civil

Appeal No.41 1 of 2020, 2020, by the Educational Tribunal Tribunal.

2. The he petitioner challenged the selection of tenth respondent as

Assistant Professor English in an aided College/DAV College, Pundri, Kaithal,,

made in 2013.. Admittedly, the petitioner was not an applicant for the post.

3. Learned counsel for the petitioner contends that the petitioner is

aggrieved of the selection in question, as the tenth respondent used to harass and

humiliate him.. Since the selection was illegal and a result of fraud fraud, the he petitioner

has a right to challenge the same.

4. Heard.

5. A perusal of the impugned judgment passed by the Tribunal shows

that complaintss regarding irregularities in the selection of tenth respondent were

inquired into by a Committee constituted con by the Vice Chancellor of the affiliated

University/Kurukshetra Kurukshetra University, and the allegations were found to be false.

Only thereafter the letter of appointment was issued to the tenth respondent.

Besides, as per the settled law, not being an applicant himself for the post in

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Neutral Citation No:=2024:PHHC:126600

CWP-24622-202

question, the petitioner has no right to challenge the appointment. His appeal

before the Tribunal was a challenge in public interest, which was not

maintainable in service law. Accordingly, ly, no exception can be taken to the

Tribunal's judgment dismissing the petition on that account.

6. In view thereof, there is no merit in the petition and it stands

dismissed in limine.

limine

(TRIBHUVAN DAHIYA)) JUDGE 24.09.2024 Ad Whether speaking/reasoned Yes/No Whether reportable Yes/No

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