MOHINDER SAIN GARG DAVINDER PRITPAL SINGH BALWINDER SINGH CHIRANJI LAL SHARMA CHARANJIT SINGH RAJESH KUMAR SAILI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Special leave granted.

(2.) The above two writ petitions and four civil appeals are disposed of by one single order as identical questions of law are involved in these cases. In order to appreciate the controversy in these cases we shall refer to the paper book of Civilarising out of S. L. P. (Civil) No. 14292 of 1989. All the appellants as well as the two petitioners in the writ petitions would be referred herein as the petitioners.

(3.) An advertisement was published in the Tribune (English) on 3/08/1988 by the office of the Excise and Taxation Commissioner, punjab Chairman Selection Committee, Patiala for appointment to 47 posts of Excise and Taxation Inspectors. In the advertisement it was provided that there will be three written papers of English, Punjabi and general Knowledge of B. A. standard. Those who get 33 per cent marks in each paper and 40 per cent marks in aggregate will be called for interview. Total marks for the written test were kept at 300 and for interview 100. Written examination was held in January 1989 in which all the petitioners appeared and were also called for interview but they did not qualify in merit for appointment. It may be further mentioned that by the time the selection process had commenced, the number of posts were increased to 54. Out of the above petitioners, Charanjit Singh falls in the category of backward class. Out of the above 54 posts, 28 posts were for taxation Inspectors and 26 for Excise Inspectors. After the interview out of 28 posts of Taxation Inspectors, 15 were filled by candidates of general category, 7 by scheduled castes, 1 backward class, 4 ex-servicemen and I sportsman. Out of 26 posts of Excise Inspectors, 14 were filled out of general category, 6 scheduled castes, 1 backward class, 3 ex-servicemen, I sportsman and 1 dependant of freedom fighter. The Selection Committee called more than 1200 candidates for interview for appointments to the above posts.