M.M.KUMAR, J. - (1.) (ORAL)
(2.) THE only question required to be considered in the instant petition is whether while following the principle of seniority-cum-fitness, the claim of the petitioners could be considered superior to the claim of respondents No.5 to 10 in their common endeavour to be placed on list B-1 for being deputed to the Lower School Course. It is not disputed before us that the petitioners obtained lesser marks in the selection process conducted by the Departmental Promotion Committee vis--vis respondents No.5 to 10. THE aforementioned controversy has already been settled by a Division Bench of this Court in the case of Naresh Kumar Vs. State of Haryana and others, (Civil Writ Petition No. 7952of 2004, allowed on November 5, 2004). Learned State counsel has not been able to successfully distinguish between the facts of the case in hand and the one decided by the Division Bench in Naresh Kumar's case (supra). In view of the above, we allow the writ petition in terms of the Division Bench judgment of this Court in Naresh Kumar's case (supra) and accordingly direct the respondents to depute the petitioners to the first Lower School Course, which is to commence after the date of this order. The petitioners shall, however, be treated as having qualified the Lower School Course, as if they had been deputed to the Lower School Course for which the instant petition has been filed.;