GURPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed the instant writ petition being aggrieved of the order dated 11.9.2012, Annexure P4, whereby his candidature for recruitment to the post of Constable in the Punjab Police has been cancelled by taking his educational qualifications as BA Part-II and thereby denying the benefit of BA Part-III.

(2.) An advertisement, Annexure P1, was issued inviting applications for recruitment to 5726 vacancies of constables in the District Police Cadre. The eligibility conditions in terms of age, educational qualifications etc. were submitted therein and the last date for submission of application forms from the eligible candidates was fixed as 17.10.2011. It is asserted that the petitioner who belongs to the reserved category of SC (others) category had applied for the post of Constable (Male). The petitioner was required to undergo the physical test and upon clearing the same, he was even called for interview held in December, 2011. Learned counsel would refer to the list of selected candidates and in specific, pertaining to the SC (others) category wherein the name of the petitioner figured at sr.No.38 having been assigned 27.30 marks. It has further been asserted that even though the other selected candidates have been issued appointment letters, yet the petitioner had been issued a notice dated 6.9.2012 as regards personal appearance and calling upon him to furnish the proof of his educational qualifications with regard to having qualified the BA Part III examination. Thereafter, the petitioner has been served with the impugned communication dated 11.9.2012, P4, issued by the Chairman, Recruitment Board stating therein that at the time of scrutiny of documents, the scrutiny team had reflected the petitioner as BA Part III pass and then had made a cutting thereupon but the computer software had been fed as BA part III pass and thereafter upon checking, it became apparent that the petitioner had only qualified BA part II as on the cut-off date i.e. 17.10.2011 and accordingly, he had been given an opportunity for personal hearing on 8.9.2011. The petitioner had himself disclosed at that point of time that he had secured a compartment in one paper i.e. English in BA part III examination for which he had appeared in the year 2011 and for which he appeared in the re-appear examination conducted by Punjab University, Chandigarh in April 2012 and qualified the same and had been issued the requisite certificate in May, 2012. Accordingly, in terms of the impugned communication at Annexure P4, the petitioner's educational qualifications was taken as BA Part II and, accordingly, by reducing one mark from the total earlier determined i.e. 27.30, the petitioner was assigned 26.30 marks whereupon he was not found to have made the grade for selection to the post of Constable in the SC (others) Category.

(3.) Learned counsel for the petitioner has vehemently argued that the petitioner had appeared in the BA part III examination in the year 2011 and except compartment in the English paper, he had successfully cleared the BA Examination. Accordingly, it is sought to be contended that as on the last date for submission of application forms i.e. 17.10.2011 as also at the stage of interview i.e. in December 2011, the case of the petitioner was not of a candidate who had completely failed in the BA III examination as per the Punjab University calender but, in fact, the petitioner was liable to be considered as provisionally having qualified the BA Part III examination.