SANGEETA GUPTA Vs. PUNJAB PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THE instant appeal under Clause X of the Letters Patent is directed against judgment dated 16.3.2011 rendered by the learned Single Judge holding that the Appellant is not entitled to appear in the PCS (Executive Branch) Examination and accordingly her petition was dismissed.

(2.) BRIEF facts of the case are that the Petitioner is an employee of Post Graduate Institute of Medical Education and Research, Chandigarh. She has been working as Jr. Lab. Technician since 1995. An advertisement (P.1) was issued by the Punjab Public Service Commission (for brevity 'the Commission') in the press inviting applications for appointment to PCS (Executive Branch) and the last date for receipt of applications was 28.12.2009. As per Clause IV of the advertisement the age limit fixed for the candidates was 21 years to 35 years with relaxation for upper age limit for reserved categories as per government instructions and in respect of Punjab Government employees the upper age limit was relaxable upto 45 years provided they have rendered not less than 4 years continuous service under the Government. The Petitioner was more than 35 years of age when she applied in response to the advertisement appearing in the press. She alongwith others filed CWP No. 20572 of 1999 titled as Ramnik Kaushal and Ors. v. State of Punjab and Ors. wherein this Court directed the Respondents to consider the application filed by all such persons including the Appellant and keep them in a separate group. Interim order dated 24.11.2009 passed in CWP No. 20572 of 2009 reads as under:

(3.) THE Appellant represented to the Respondents on 8.7.2010 for consideration of her application which had already been submitted as it was understood by the Appellant that no fresh application was required to be submitted . However, the application earlier submitted by the Appellant to the Commission -Respondent was not considered and her candidature was rejected. It was at that stage that the Appellant filed CWP No. 18346 of 2010 which is relatable to the instant Letters Patent Appeal. While issuing notice of motion on 8.8.2010, this Court directed the Commission -Respondent to consider the candidature of the Appellant and permit her to compete for the post. However, her result was not to be declared which was subject to the final order to be passed by this Court. The aforesaid direction reads thus: