AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Amarjit Singh through present petition filed by him under Articles 2267227 of the Constitution of India seeks a writ in the nature of mandamus directing the respondents to give him appointment on the basis of his being physically handicapped, to the post of Homeopathic Physician for which he states he is fully eligible and qualified in view of the instructions issued by the State of Punjab from time to time. The instructions aforesaid, it is pleaded, do deal with the reservation of the Physically handicapped persons and to give them, appointments on priority basis. This petition was filed way back in the year 1982.

(2.) It is admitted that during the pendency of the writ petition, petitioner has since been appointed in 1984. The surviving claim can only be for appointment from a date when he made the application but such a course will obviously affect the seniority of thoserwho are not before this Court. In the circumstances as mentioned above, the learned counsel for the petitioner seeks permission of this Court to withdraw this petition to file a fresh petition by specifically pleading that he was entitled to be appointed to the post under contention when he made the application. He further states that in such a petition to be filed by the petitioner those who can be adversely affected on account of seniority shall also be made party. This permission is granted. Petitioner is, thus, permitted to file a fresh petition on the same cause of action and seek appointment from the date what. the made the application by arraying all others who might be adversely affected on account of seniority. Withdrawal of this petition will not, however, come in his way in seeking the relief aforesaid in the fresh petition.