High Court Punjab-Haryana High Court

Surender Kumar vs Haryana Public Service … on 4 August, 2011

Punjab-Haryana High Court
Surender Kumar vs Haryana Public Service … on 4 August, 2011
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.

                          ***
1.           To be referred to the Reporters or not?
2.           Whether the judgment should be reported in
             the Digest?
                          ***

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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