(1.) This petition seeks quashing of order dated 19.11.2009, Annexure P.10 terminating the services of the petitioner from the post of Lecturer Punjabi. Prayer has also been made for declaring Section 4(5) of the Punjab Scheduled Caste and Backward Class Reservation in Service Act, 2006 (for short, 'the 2006 Act') requiring 50% vacancies to be filled up out of the Balmiki caste and 50% from the Mazhbi caste.
(2.) Case of the petitioner is that he belongs to Shikriband caste which is Scheduled Caste. He applied for the post of Lecturer in pursuance of advertisement dated 21.10.2006 and after selection, he was given appointment letter. He joined service on 14.12.2006 and he completed the probation period. His services were terminated on 19.11.2009. on the ground that his appointment was in excess of prescribed quota in the individual sub caste in the Scheduled castes. The view of the State was clearly hit by judgment of this Court in CWP No. 15302 of 2005, Attar Singh Dhgoor and Ors. v. State of Punjab and Ors. and CWP No. 5815 of 2006; Dr. Kishan Pal and Ors. v. State of Punjab and Ors. decided on 25.7.2006 following the judgment of the Hon'ble Supreme Court in E.V. Chinnaiah v. State of Andhra Pradesh , (2005) 1 SCC 394.
(3.) In the reply filed on behalf of the State, stand taken is that under the 2006 Act, further classification as per sub classes in the Scheduled Castes was permissible and that judgment of this Court was pending consideration before the Hon'ble Supreme Court in SLP (C) 7044 of 2009 wherein stay of judgment of this Court has been granted.