SUNIL KUMAR Vs. GURDIAL SINGH

JUDGEMENT

(1.) The appeal has been preferred against the order of learned Single Judge dated 8th December. 2009 whereby the writ petition filed by respondent No. 1. was allowed.

(2.) Brief facts of the case are that the Market Committee respondent No. 2 on 4th October, 2008 had issued an advertisement for one post of Peon and one post of Chowkidar for appontment from Scheduled Caste candidates only. Candidates for the aforesaid posts were called from Employment Exchange. Employment Exchange. Yamunanagar sent the names of 12 candidates for appointment to the post of Peon. Petitioner was one of the candidates sponsored by the employment exchange for the aforesaid post, He was interviewed on 27th October, 2008. Vide letter dated 4th November, 2008. respondent No. 4 intimated the Employment Exchange, Yamuna Nagar, that no candidate sponsored by it was found suitable for the said post. However, the petitioner came to know that his candidature was rejected being overage. It is alleged that he was not overage as on the date of interview, he was less than 45 years of age. It is further alleged that respondent No. 5 being the son of respondent No. 4 Jagdish Chand, Secretary, Market Committee. Mustafabad. District Yamunanagar, was appointed without considering the merit of the candidates. The reason of his rejection was stated to be contrary to eligibility criteria.

(3.) The petitioner challenged the aforesaid action of the respondents by tiling writ petition. The writ petition was allowed by learned Single Judge vide order dated 8th December, 2009 and appointment of respondent No. 5 as Peon was quashed. Through the present appeal respondent No. 5 has challenged the aforesaid order.