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2024 DAILYLAW 2670 (PNJ)

TILAK RAJ v. STATE OF HARYANA AND ANOTHER

LPA/2321/2024 · 2026-05-29

Rohit Kapoor, To Be Nominated

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

LPA-2321-2024 IN THE HIGH COURT OF PUNJAB & HARYANA Tilak Raj State of Haryana and CORAM: HON'BLE MR. HON'BLE MR. JUSTICE ROHIT KAPOOR Present: Mr. ROHIT KAPOOR, J. 1. The present appeal filed under Clause X of Appeal is directed against the judgment and order dated 23.08.2024, passed by the learned Single Judge, whereby the writ petition filed by the appellant petitioner petitioner against rejection of his claim for appointment to the Shift Attendant, has been dismissed. 2024 (O&M) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Versus State of Haryana and another Reserved on Pronounced on Uploaded on HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON'BLE MR. JUSTICE ROHIT KAPOOR ***** Mr. Rajesh Arora, Advocate for the appellant. ***** ROHIT KAPOOR, J. The present appeal filed under Clause X of Appeal is directed against the judgment and order dated 23.08.2024, passed by the learned Single Judge, whereby the writ petition filed by the appellant petitioner against rejection of his claim for appointment to the Shift Attendant, has been dismissed. -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH LPA-2321-2024 (O&M) ....Appellant ...Respondents Reserved on : 12.03.2026 Pronounced on : 29.05.2026 Uploaded on : 29.05.2026 JUSTICE ASHWANI KUMAR MISHRA HON'BLE MR. JUSTICE ROHIT KAPOOR , Advocate for the appellant. The present appeal filed under Clause X of the instant Letters Patent Appeal is directed against the judgment and order dated 23.08.2024, passed by the learned Single Judge, whereby the writ petition filed by the appellant petitioner against rejection of his claim for appointment to the post of (O&M) ....Appellant ...Respondents the instant Letters Patent Appeal is directed against the judgment and order dated 23.08.2024, passed by the learned Single Judge, whereby the writ petition filed by the appellant- post of RAJ KUMAR 2026.05.29 21:25 I attest to the accuracy and integrity of this document/judgment LPA-2321-2024 2024 (O&M) -2- RAJ KUMAR 2026.05.29 21:25 I attest to the accuracy and integrity of this document/judgment LPA-2321-2024 2024 (O&M) -3- RAJ KUMAR 2026.05.29 21:25 I attest to the accuracy and integrity of this document/judgment LPA-2321-2024 2024 (O&M) -4- RAJ KUMAR 2026.05.29 21:25 I attest to the accuracy and integrity of this document/judgment LPA-2321-2024 2024 (O&M) -5- RAJ KUMAR 2026.05.29 21:25 I attest to the accuracy and integrity of this document/judgment LPA-2321-2024 2024 (O&M) -6- RAJ KUMAR 2026.05.29 21:25 I attest to the accuracy and integrity of this document/judgment LPA-2321-2024 2024 (O&M) -7- RAJ KUMAR 2026.05.29 21:25 I attest to the accuracy and integrity of this document/judgment LPA-2321-2024 17. 2024 (O&M) -8- RAJ KUMAR 2026.05.29 21:25 I attest to the accuracy and integrity of this document/judgment LPA-2321-2024 18. 19. 20. Firstly, 2024 (O&M) Firstly, -9- RAJ KUMAR 2026.05.29 21:25 I attest to the accuracy and integrity of this document/judgment LPA-2321-2024 21. Secondly, law is well settled that decided disputed questio candidate, in exercise of its or its agencies have acted arbitrarily. H the instant case of mere apprehensions against a constitutional body. 22. We may notice that this court has repeatedly emphasized upon the importance of a candidate adhering to the instructions while answering questions in the OMR sheets (see Haryana & others Bhagwan Vs. State of Haryana & others 23. The arguments regarding also without any merit as no candidate can be given any relief on such considerations, by compromising merit. opinion that the claim of the appellant was rightly rejected, since secure marks higher than the last selected candidate in the BC(B) category. 24. In view of our observations and findings as discussed hereinabove, 2024 (O&M) Secondly, law is well settled that decided disputed questions of fact. This court may , in exercise of its discretionary jurisdiction, or its agencies have acted arbitrarily. However, the instant case we would be loathe in exercising of mere apprehensions against a constitutional body. We may notice that this court has repeatedly emphasized upon the importance of a candidate adhering to the instructions while answering questions in the OMR sheets (see Haryana & others, LPA No.92 of 2017 decided on 20.01.2017 Bhagwan Vs. State of Haryana & others, 2024 NCPHHC 15421 The arguments regarding estoppel and considerations of equity are also without any merit as no candidate can be given any relief on such considerations, by compromising merit. We are the claim of the appellant was rightly rejected, since secure marks higher than the last selected candidate in the BC(B) category. In view of our observations and findings as discussed hereinabove, -10- Secondly, law is well settled that constitutional courts cannot ns of fact. This court may come to the aid of a wrong jurisdiction, if it is shown that the State owever, in the facts and circumstances of exercising such jurisdiction on the basis of mere apprehensions against a constitutional body. We may notice that this court has repeatedly emphasized upon the importance of a candidate adhering to the instructions required to be followed while answering questions in the OMR sheets (see Anshu & others Vs. State of decided on 20.01.2017 and Shri 2024 NCPHHC 15421). estoppel and considerations of equity are also without any merit as no candidate can be given any relief on such We are therefore of the considered the claim of the appellant was rightly rejected, since he failed to secure marks higher than the last selected candidate in the BC(B) category. In view of our observations and findings as discussed hereinabove, cannot come to the aid of a wronged if it is shown that the State in the facts and circumstances of on the basis We may notice that this court has repeatedly emphasized upon the required to be followed Anshu & others Vs. State of Shri estoppel and considerations of equity are also without any merit as no candidate can be given any relief on such considered he failed to In view of our observations and findings as discussed hereinabove, RAJ KUMAR 2026.05.29 21:25 I attest to the accuracy and integrity of this document/judgment LPA-2321-2024 we do not find any illegality or perversity in the judgment dated 23.08.2024 passed by the learned appeal must fail 25. The pending applications, if any, shall stand disposed of accordingly. (ASHWANI KUMAR MISHRA JUDGE 29.05.2026 ‘raj’ Whether speaking/reasoned Whether reportable 2024 (O&M) we do not find any illegality or perversity in the judgment dated 23.08.2024 passed by the learned Single Judge and as a necessary consequence, the instant fail and is dismissed, accordingly. The pending applications, if any, shall stand disposed of accordingly. (ASHWANI KUMAR MISHRA) JUDGE Whether speaking/reasoned : Yes / No Whether reportable : Yes / No -11- we do not find any illegality or perversity in the judgment dated 23.08.2024 as a necessary consequence, the instant and is dismissed, accordingly. The pending applications, if any, shall stand disposed of accordingly. (ROHIT KAPOOR) JUDGE Yes / No Yes / No we do not find any illegality or perversity in the judgment dated 23.08.2024 as a necessary consequence, the instant The pending applications, if any, shall stand disposed of accordingly. RAJ KUMAR 2026.05.29 21:25 I attest to the accuracy and integrity of this document/judgment