LPA No.1332 of 2011 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
LPA No.1332 of 2011 (O&M)
Date of Decision August 04, 2011
Surender Kumar .....Appellant
Versus
Haryana Public Service Commission .....Respondent
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
HON'BLE MR. JUSTICE ARVIND KUMAR
Present: Mr. Anurag Goyal, Advocate
for the appellant.
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1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in
the Digest?
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M.M. KUMAR, J.
1. There is a pure finding recorded by the learned Single Judge
with regard to the non-fulfillment of requisite qualification on the cut off date
i.e. 01.04.2010 which was later extended up to 31.05.2010. The learned
counsel for the appellant pleads before us that in fact the appellant was
eligible on both the dates i.e. 01.04.2010 as well as on 31.05.2010 because
his certificate of clearing compartment examination was issued on
26.03.2010 (P-6). He also claims that the aforesaid certificate was attached
with the application form and, therefore, there is no question of any delay in
submitting the eligibility certificate.
2. If that be so, then the remedy for the appellant would be to
approach the learned Single Judge for rectification of mistake by moving
appropriate application as per law. The instant appeal would not be
LPA No.1332 of 2011 (O&M) 2
maintainable. Accordingly, the same is dismissed and the appellant is
relegated to avail the remedy in accordance with law before the learned
Single Judge.
(M.M. KUMAR)
JUDGE
(ARVIND KUMAR)
JUDGE
04.08.2011
vcgarg
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