Intra-Court appeal against a stay order in a litigation concerning recruitment eligibility for TGT English posts. The High Court dismissed the appeal, clarifying that selections cannot proceed while a sub judice writ petition remains pending.
The intra-court appeal against the stay order was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
LPA-1932-2016 (O&M)
- 1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
LPA-1932-2016 (O&M) Date of Decision: September 27, 2016
Deshraj and others
.....Appellants
Versus
State of Haryana and others
......Respondents
CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA
1. Whether speaking/reasoned ? Yes/No 2. Whether reportable ? Yes/No
3. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 4. To be referred to the Reporters or not? Yes/No 5. Whether the judgment should be reported in the Digest? Yes/No
Present: Mr.Sunny Bhardwaj, Advocate for the appellants.
SURYA KANT, J.
The appellants' claim to consider them eligible and to have qualified for interview for the post of TGT English is pending consideration before learned Single Judge and their writ petition is now listed on 08.11.2016. Meanwhile, Staff Selection Commission appears to have started interviews. The appellants apprehend that if the interviews are complete, selections are made and selected candidates are offered appointment, it would render their writ petition infructuous. They have consequently filed this intra-Court appeal seeking interim relief.
In our considered view apprehension of the appellants is totally misconceived. Once notice of motion has been issued and the matter is
Meenu 2016.10.07 13:12 I attest to the accuracy and authenticity of this document chandigarh
LPA-1932-2016 (O&M) - 2 -
subjudice, the selection or consequential appointments shall be subject to final outcome of the writ petition. The writ Court would not be powerless to mould the relief and ensure effective justice to the appellants if they finally
succeed in the writ petition.
With these observations and clarifications, the appeal is
dismissed.
( SURYA KANT ) JUDGE September 27, 2016 ( SUDIP AHLUWALIA ) meenuss JUDGE
Meenu 2016.10.07 13:12 I attest to the accuracy and authenticity of this document chandigarh
Deshraj and others
State of Haryana and others
Surya Kant
Sudip Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
