GURSUKHWANT SINGH BRAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this order, I propose to decide CWP No. 20951 of 2015 titled as Gursukhwant Singh Brar and another vs. State of Punjab and others and CWP No. 17198 of 2016 titled as Jagdeep Singh and another vs. State of Punjab and others.

(2.) Cwp No. 20951 of 2015 has been preferred by the petitioners praying for issuance of a writ of certiorari for quashing para 9.3 of the General Instructions issued by the Punjab Public Service Commission-respondent No. 3 (hereinafter referred to as 'PPSC') relating to the Punjab State Civil Services Combined Competitive Examination, 2015 (hereinafter referred to as 'PSCSCCE, 2015') (Annexure P-1) limiting number of attempts by the Ex-Servicemen category candidates to three at the examination whereas for the other candidates belonging to different categories including the reserved categories, four attempts at the examination has been fixed. This paragraph 9.3 of the General Instructions has been challenged being violative of Rules 5 and 11 of the Punjab State Civil Services (Appointment by Combined Competitive Examination) Rules, 2009 (hereinafter referred to as '2009 Rules') and Articles 14 and 16 (2) of the Constitution of India. Prayer has further been made for granting four attempts to the Ex-Servicemen Category candidates also.

(3.) In CWP No. 17198 of 2016, petitioners have challenged and prayed for quashing of the merit list of the Ex-Servicemen Category which has been prepared by the PPSC in pursuance to the interim order passed by this Court on 01.10.2015 in CWP No. 20951 of 2015 directing acceptance of the application of the petitioners therein in pursuance to the notice/advertisement issued by the PPSC inviting applications for appointment to the posts subject to the decision of the writ petition having prepared in violation of Rule 5 (i) of the Punjab Recruitment of Ex-Serviceman Rules, 1982 (hereinafter referred to as '1982 Rules') as well as Clause 9.3 of the PSCSCCE, 2015 and thereby excluding the names of petitioners in CWP No.20951 of 2015 and putting the petitioners in the present writ petition in their place being next in merit.