NIPPY GARG Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the instant petition is to the order dated 10.10.2014 (Annexure P-6) whereby the claim of the petitioner seeking appointment to the post of Building Inspector under the Department of Local Government, Punjab, has been rejected. Writ of mandamus is sought to direct the official respondents to issue in her favour appointment letter to the post in question with all consequential benefits in relation to a recruitment process that was initiated vide Public Notice dated 25.09.2013 and in which the petitioner had participated.

(2.) Brief facts may be noticed. The Department of Local Government, Punjab, issued a public notice dated 25.09.2013 (Annexure P-1) inviting applications for filling up 50 posts of Building Inspector (Technical) under various Municipal Corporations. 25 posts were to be filled up from the General Category candidates. Selection was to be made as per merit drawn on the basis of a written test. Petitioner belongs to the General Category and being eligible for the post submitted her application form. The written test was conducted on 16.11.2013 in which the petitioner duly participated. Result was declared on 03.12.2013. On the basis of the merit list prepared category-wise, short listed candidates were directed to appear before the Selection Committee on 11.12.2013 for purpose of verification of the original educational certificates and other relevant documents. Petitioner was one of the short listed candidates in the General Category and duly appeared before the Selection Committee. It transpires that in the deliberations held by the Selection Committee in its meeting on 11.12.2013, a representative of the Office of the Director, Scheduled Castes and Backward Castes, Punjab, informed that in view of the rules/instructions and as per roster points the reservation for the Schedules Castes Category had to be 13 posts instead of 12 posts out of the total 50 posts advertised. Accordingly, the Selection Committee took a decision that instead of the 25 posts earmarked for General Category, 24 would now be filled up from the General Category candidates. Such decision apparently was in consonance with the stipulation contained in the public notice dated 25.09.2013 stating that reservation would be as per policy of the State Government and the number of vacancies can be increased/decreased. The last candidate selected under the General Category as Building Inspector (Technical) was Dinesh Joshi who had obtained 42.00 marks in the written test and was placed at Sr. No.28 in the merit list. One Sh. Rajat Jain was placed at Sr. No.29 having obtained 41.75 marks and thereafter the name of the petitioner appeared at Sr. No.30 in the merit list having secured 41.25 marks. Petitioner had preferred CWP No.12306 of 2014 (Nippy Garg Vs. State of Punjab and ors) raising a claim that a candidate namely Omesh Thakral son of Rampal Thakral and who was at Sr. No.27 in the merit list under General Category had filed a writ petition and in which one post had been kept reserved but since he had withdrawn his writ petition and the post had become available, the same must be offered to the next candidate in order of merit. It was further asserted in such writ petition that since the next candidate in order of merit namely Rajat Jain at Sr. No.29 is not inclined to accept appointment to the post, it is the petitioner who ought to be issued the appointment letter. CWP No.12306 of 2014 filed by the petitioner was disposed of by this Court on 30.06.2014 in the following terms:-

(3.) Claim of the petitioner was considered and declined in terms of impugned order dated 10.10.2014 (Annexure P-6).