High Court Punjab-Haryana High Court

Jaswinder Kaur vs State Of Punjab And Another on 13 January, 2009

Punjab-Haryana High Court
Jaswinder Kaur vs State Of Punjab And Another on 13 January, 2009
    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                  CHANDIGARH.

                          CWP NO. 457              OF 2009
                          DATE OF DECISION:             13.1.2009
Jaswinder Kaur                                      ...Petitioner


                          VERSUS
State of Punjab and another                         ...Respondents

              CORAM

      HON'BLE MR.JUSTICE PERMOD KOHLI


PRESENT: Dr.ML Sachdeva, Advocate for petitioner

             Mr.B.S.Chahal, DAG, Punjab

Permod Kohli, J. (Oral)

On the asking of this Court, Mr. BS Chahal accepts notice on behalf

of the respondents-State. With the consent of the counsel, this petition is

disposed of at motion stage.

The petitioner belongs to Lobana Caste which is also one of the

castes notified as Backward Class. She also claims to be ward of Ex-

serviceman. Pursuant to the advertisement issued by the respondents-State

for filling the posts of Hindi Masters/Mistress, the petitioner applied for
CWP NO. 457 OF 2009 :2:

her appointment under the Backward Class Category for which 10% posts

were reserved. According to the petitioner, her marks are 58.32% whereas

last selected candidate in the Backward Class Category, namely, Balwant

Kaur has been appointed with 55.167% marks. The petitioner has also

relied upon a Division Bench Judgment of this Court dated 5.3.1999 passed

in CWP No.2392 of 1998. The petitioner has also made a representation

dated 15.10.2008 (Annexure P-17) which has also not been considered till

date.

This petition is accordingly disposed of with a direction to the

respondents-State to consider the representation of the petitioner for

appointment in the light of the judgment referred to here-in-above within a

period of two months from the date a certified of this order is made

available to the competent authorities. Needless to say in the event the claim

of the petitioner is to be rejected, it shall be by a reasoned and speaking

order.

(PERMOD KOHLI)
JUDGE

13.1.2009
MFK