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1.
AMAN KAUR STATE OF PUNJAB AND OTHERS
2.
JASPAL SINGH AND ORS.
STATE OF PUNJAB AND OTHERS
CORAM:
Present:
HARSIMRAN SINGH
CM-17839
26.08.2023 bearing registration No.2023239652 of the respondent Department (Annexure P
same is allowed.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of Decision : 12
CM-17839
CWP No
KAUR
VERSUS STATE OF PUNJAB AND OTHERS
CWP No.11314 of 2023 (O&M)
JASPAL SINGH AND ORS.
VERSUS STATE OF PUNJAB AND OTHERS
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
None for the petitioner(s). Ms. Shruti, AAG Punjab For respondent Nos.1 to 6.
Mr.Ranjit Singh Kalra, Advocate for respondent Nos.4 to 16. *** HARSIMRAN SINGH SETHI, J. (Oral) 17839-CWP-2023 This is an application for placing on record 26.08.2023 bearing registration No.2023239652 of the respondent Department (Annexure P-15). Keeping in view the contents mentioned in the application, the same is allowed. Notification dated 26.08.2023 bearing registration IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 12-12-2024 17839-CWP-2023 in/and CWP No.10714 of 2023 (O&M)
........Petitioner VERSUS ........Respondent(s) CWP No.11314 of 2023 (O&M)
........Petitioners VERSUS ........Respondent(s)
HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Ranjit Singh Kalra, Advocate
SETHI, J. (Oral) This is an application for placing on record Notification dated 26.08.2023 bearing registration No.2023239652 of the respondent Keeping in view the contents mentioned in the application, the Notification dated 26.08.2023 bearing registration
........Respondent(s)
s) HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Notification dated 26.08.2023 bearing registration No.2023239652 of the respondent Keeping in view the contents mentioned in the application, the Notification dated 26.08.2023 bearing registration SAPNA GOYAL 2024.12.13 15:33 I attest to the accuracy and integrity of this document
CM-17839-CWP-2023 in/and CWP No.10714 of 2023 and other connected case
-2-
No.2023239652 of the respondent Department (Annexure P-15 subject to all just exceptions. CWP Nos.10714 of 2023 (O&M) and CWP No.11314 of 2023 (O&M)
Present set of two writ petitions involve common question of law in the background of common set of facts and thus they are being decided by a common order.
In the present petition, the grievance being raised by the petitioner(s) is that they wanted to compete for the post of Master (Music), and they have been treated ineligible on the ground that they have not passed the Teachers’ Eligibility Test which is a pre-requisite to compete for the post. As per the petitioners, no PSTE Test for the subject of music was ever held hence, the said condition could not have been imposed.
Learned counsel for the respondents submits that the eligibility has been provided under the Rules governing the service and the advertisement also contains the same eligibility which is provided under the Rules and in the absence of any challenge to the Rule, the petitioners cannot claim eligibility to the post.
Learned counsel for the respondents further submits that the issue raised in the present petition has already been decided by the Division bench of this Court in LPA No.670 of 2024 titled “Dhirender Singh and ors. Vs. State of Punjab”, decided on 14.05.2024, wherein it has been held that any candidate, who does not fulfil the eligibility as described under the Rules, which has also been mentioned in the advertisement, no claim for
consideration can be raised hence, in the absence of any challenge to the SAPNA GOYAL 2024.12.13 15:33 I attest to the accuracy and integrity of this document
CM-17839-CWP-2023 in/and CWP No.10714 of 2023 and other connected case
-3-
Rules, no grievance can be raised by the petitioners so as to treat them eligible.
Probably keeping in view the settled the principle of law, no one is appearing on behalf of the petitioners. Hence, the present petitions are dismissed for non-prosecution.
Pending application, if any, also stands disposed of.
Photocopy of this order be placed on the file of other connected case.
12-12-2024 Sapna Goyal
(HARSIMRAN SINGH SETHI) JUDGE
NOTE: Whether speaking: YES/NO
Whether reportable: YES/NO SAPNA GOYAL 2024.12.13 15:33 I attest to the accuracy and integrity of this document