Disposed
Kiranpreet Kaur v. State of Punjab
Punjab & Haryana HCCWP/17303/2009
Case brief
from the order text
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COURT OF PUNJAB & HARYANA AT CHANDIGARH…
What the court decided
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COURT OF PUNJAB & HARYANA AT CHANDIGARH…
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Writ Petition No.17303 of 2009 Date of Decision : February 17, 2010.
Kiranpreet Kaur
..... Petitioner
versus
State of Punjab and others
..... Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
Present : Mr.V.K.Sandhir, Advocate, for the petitioner.
-.-
1. Whether Reporters of Local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
ORDER
Surya Kant, J. (Oral)
The petitioner seeks a mandamus for her appointment as Homeopathic Medical Officer on the plea that she is at Sr.No.2 in the waiting list dated 5.12.2008 (Annexure P-8) and as per the information supplied to her under Right to Information Act (Annexure P-11), two out of 12 advertised posts of the category to which she belongs, are still lying vacant.
Before seeking the above mentioned direction from this Court, the petitioner has not approached the respondent-authorities.
In these circumstances, when the fate of the relief sought by the petitioner depends upon the verification of the factual assertions made
C.W.P.No .17303 of 2009 2
on her behalf, I deem it appropriate to dispose of this writ petition with a liberty to the petitioner to represent before respondent No.1. If any such representation is made by her within a period of one month, the first respondent is directed to consider and dispose of the same in accordance with law by passing a speaking order as early as possible, preferably within a period of 4 months from the date of receiving a certified copy of this order.
Ordered accordingly.
Dasti.
17-02-2010
Mohinder
(SURYA KANT) JUDGE
3 issues framed by the court
Whether the petitioner, ranked second in the waiting list, can claim appointment as a Homeopathic Medical Officer without exhausting remedies before the respondent authorities.
Whether the writ court should direct the appointment immediately or conditionally upon the petitioner exhausting local remedies.
Whether the petitioner has exhausted her remedies before approaching this court in a service dispute where factual verification is required.
Kiranpreet Kaur
State of Punjab
Surya Kant
As recorded by the court registry
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