Judgment:
CWP No.12885 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH111 CWP No.12885 of 2014 Date of Decision : July 08, 2014 Joginder Singh s/o Sh.
Puran Chand ...PETITIONER versus State of Haryana and others ....RESPONDENTS CORAM : HON'BLE Mr.JUSTICE AUGUSTINE GEORGE MASIH Present : Mr.Kuldeep Singh Yadav, Advocate, for the petitioner.
AUGUSTINE GEORGE MASIH, J.
(ORAL) Petitioner has approached this Court impugning the order dated 20.03.2014 (Annexure P-4).vide which his representation for re-fixation of his seniority in B-1 Test in Batch No.42 stands rejected.
It is the contention of the counsel for the petitioner that the name of the petitioner was recommended under the 10% quota of outstanding performance in the job/attaining medals in sports as per the Punjab Police Rules, 13.7(9) in the year 2002.
While preparing the merit list, there was no criteria laid down and it was at the sweet will of the authorities that the merit list was prepared.
Prerna datta 2014.07.09 14:27 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP No.12885 of 2014 2 Petitioner was much more meritorious than the candidates whose names figured above the petitioner.
In the list, which was prepared, the name of the petitioner figured at Sr.No.25 whereas it should have been much higher.
Because his name figured at Sr.No.25, he was deputed in Batch No.43 whereas he should have been deputed in Batch No.42 and accordingly, seniority granted of the said batch.
He, on this basis, contends that the impugned order cannot sustain and deserves to be set aside.
I have considered the submissions made by the counsel for the petitioner and have gone through the records of the case.
The basic grouse, which the petitioner is now trying to agitate through the present writ petition, is that there is no criteria laid down for preparing the select list of the candidates under the 10% seats, which are reserved for outstanding performance in job/attaining medals in sports.
In the absence of the criteria, the merit list, so prepared, cannot sustain.
This contention of the counsel for the petitioner cannot be accepted firstly, on the ground of delay and latches as the select list was prepared in the year 2002 and thereafter, the petitioner had undergone the Lower School CouRs.in Batch No.43.
If the petitioner had such a grouse that his name had been placed at Sr.No.25 out of total of 36 candidates selected on the basis of the sports achievements for admission to B-I list under the 10% quota in the year 2002, he should have, at that very stage, agitated his claim.
Now at this belated stage, the petitioner cannot be granted the said Prerna datta indulgence.
Delay itself defeats the rights if a person sleeps over the 2014.07.09 14:27 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP No.12885 of 2014 3 same.
In any case, the petitioner is unable to demonstrate as to who all were likely to be placed lower in merit than the petitioner.
None of the persons, who are likely to be affected because of the change in seniority as is claimed by the petitioner, have been impleaded as party respondents except respondents No.5 and 6.
In the absence of the merit, which would have demonstrated the right of the petitioner to be higher than the others who were a part of the select list of the year 2002, the claim, as projected by the petitioner, cannot be accepted.
In view of the above, finding no merit in the present writ petition and also on the ground of delay and latches, the present writ petition stands dismissed.
(AUGUSTINE GEORGE MASIH ) July 08, 2014 JUDGE pj Prerna datta 2014.07.09 14:27 I attest to the accuracy and integrity of this document High Court, Chandigarh