STATE OF PUNJAB Vs. CONSTABLE SUBHASH CHANDER

JUDGEMENT

(1.) - Heard learned counsel for the parties. Special leave is granted.

(2.) The respondent No. 1 was serving the appellant-State as a constable in the Police Department. He applied for the post of Assistant Sub-Inspector of Police in response to an advertisement issued in that regard. The respondent appeared at the written examination and viva voce test held for selecting suitable candidates for appointment. He was, however, not selected and he filed a writ petition under Article 226 of the Constitution before the High Court, which was allowed by a perfunctory judgment which is quoted below in its entirety: -

(3.) It appears that the High Court took upon itself the decision of the claim of the respondent to be appointed to the post and, while doing so, was greatly impressed by his service record as a constable and the marks obtained by him at the selection test, however it did not take into account the merits of the selected candidates and of other candidates who, although not selected for appointment, were more meritorious than the respondent.