Kranti Katoch v. Himachal Pradesh State Electricity Board
2015-12-17
MANSOOR AHMAD MIR, SURESHWAR THAKUR
body2015
DigiLaw.ai
JUDGMENT : Mansoor Ahmad Mir, J. This Letters Patent Appeal is directed against the order and judgment dated 25.10.2010, passed by the learned Single Judge in CWP No. 3504 of 2009, titled Kranti Katoch Vs. H.P. State Electricity Board and another, whereby the writ petition came to be dismissed, for short ‘the impugned judgment’. 2. The appellant-writ petitioner, by the medium of the writ petition, had questioned the appointment of respondent No. 2, Arun Kumar as Junior Engineer (Computer Science Engineering) made by respondent No. 1. 3. The appellant-writ petitioner is a diploma holder in the Computer Science Engineering of the batch of the year 1997, whereas respondent No. 2 is a diploma holder in Electrical Engineering of the batch of the year 1990, who has also obtained higher qualification, i.e. degree in Computer Science Engineering, in the year 1993. 4. It appears that respondent No. 1 had invited applications for filling up of six posts of Junior Engineer(s) in Computer Science alongwith other posts. The appellant and respondent No. 2 applied for the post of Junior Engineer (Computer Science Engineering) and after the interview, respondent No. 2 came to be appointed. 5. The Writ Court after examining the advertisement notice and record, came to the conclusion that respondent No. 2 was having higher qualification in Computer Science Engineering, was rightly appointed. 6. Learned Counsel for the appellant was asked to carve out a case for interference, who tried, but virtually was not in a position to do so. 7. The Writ Court has rightly made the discussion right from paras 4 to 6 in the impugned judgment, is legally correct and is not suffering from any infirmity, calls for no interference. 8. Accordingly, the impugned judgment is upheld and the appeal is dismissed.