LAWS(P&H)-2008-12-165

DARSHANA DEVI Vs. STATE OF HARYANA AND ORS.

Decided On December 24, 2008
DARSHANA DEVI Appellant
V/S
State Of Haryana And Ors. Respondents

JUDGEMENT

(1.) BY way of this common judgment, two cases viz. (i) C.W.P. No.244 of 2007 titled 'Darshana Devi v. State of Haryana and Ors. (2) C.W.P. No.4351 of 2007 titled "Kavita v. State of Haryana and Ors.' are disposed off. The selection/appointment of rival candidate namely the sixth respondent vis -a -vis the claim of the petitioner is the subject to challenge in the writ petition.

(2.) THE petitioner has several grounds to canvass in the writ petition as regards the so called fabricated certificate regarding the marital status of the sixth respondent and how the appointing authority had manipulated the records to accommodate sixth respondent. These contentions which are purely issues of fact have been denied by respondents and we do not intend to join the issues in such contentions, in view of the limited inquiry that we have been undertaken in this writ petition. We approve of the authorities cited by the respondents that disputed questions of facts cannot adjudicated in writ jurisdiction (please see State of Karnataka and Ors. v. KGSD Canteen Employees Welfare Association and Ors., 2006(1) R.S.J. 587; Municipal Corporation of Greater Mumbai v. K.V. SharmikSangh and Ors., 2002(4) R.S.J. 256). This Court will not sit as a Court of appeal against the decision of an expert selection Committee as held by a decision of Division Bench of this Court in C.M. Kapoor v. Chaudhary Charan Singh, Haryana Agril. University and Ors., 2005(4) R.S.J. 693.

(3.) THE petition, therefore, fails and accordingly dismissed. The petitioners are at liberty to seek reorders in any other forum affording trial on disputed facts and where the jurisdictional limitations that we are beset with are not attracted.