VIJAYINDER AND OTHERS Vs. PUNJAB PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Punjab Public Service Commission, Patiala (hereinafter referred to as "the Commission") issued Prospectus for holding the Punjab State Civil Services Combined Competitive Examination, 2009. As many as, 143 vacancies of Punjab Civil Services (Executive Branch) and Allied Services were notified. By virtue of an addendum, 37 posts of Excise and Taxation Officers were also brought within the purview of competitive examination, making the total posts 180. Besides the number of vacancies for Punjab Civil Services (Executive Branch) and other Allied Services, Prospectus also prescribed the qualifications and the details of the examination, including the prescription of minimum marks etc. The test was to be conducted in two successive stages - (1) Preliminary Competitive Examination and (2) Main Competitive Examination (written and viva-voce). Prospectus further provided the eligibility of candidates for main competitive examination, after holding the preliminary competitive examination under the caption of "Overview of the Examination". The relevant extract necessary for the purpose of the present writ petition is reproduced here under :-

(2.) The preliminary examination was to consist of two papers-Paper-1 General Studies-150 marks and Paper-II, one subject to be selected from the list of optional subjects (300 marks). Thus total marks for Preliminary Examination were fixed at 450. It is stated that as many as 29000 candidates submitted their applications and after scrutiny, approximately, 23500 candidates were issued roll numbers for appearance in the Preliminary Examination held on 9.12.2010. Result of the Preliminary Examination was declared by the Commission on 30.12.2010. As many as 2212 candidates in the General and Reserve Categories have been short-listed for main written examination. Petitioners were declared unsuccessful for appearance in the main examination. The petitioners have downloaded their marks from the Official Website of the Commission. It is alleged that all the petitioners have secured more than 45% marks in aggregate of the two papers and 40% minimum marks in each subject. The contention of the petitioners is that they have acquired eligibility by securing more than 45% marks in aggregate and 40% in each subject, in terms of the Prospectus issued by the Commission and thus are entitled to apply and appear for main written examination. Forms for the main written examination have to be filled up by 15.2.2011. Since the petitioners have not been included in the list of successful candidates, they are not entitled to apply for main examination.

(3.) This petition has been filed by the petitioners seeking a direction in the nature of Mandamus to permit them to appear in the main written examination for recruitment to Punjab State Civil Services (Executive Branch) and Allied Services and further writ in the nature of Certiorari for quashing the condition in the Prospectus issued by the Commission, which, inter alia, provides that candidates equal to 13 times of the total vacancies determined by the Government shall qualify for the main competitive examination.