JASBIR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has sought review of the order passed by this Court on 16.5.2012 alleging that there are errors apparent on record. It is contended that the writ petition has been dismissed for the reason that it suffers from delay and laches and that the backlog vacancies have been filled up, but both the reasons are incorrect. We do not find any merit in the aforesaid contention of the petitioner for the reasons recorded in the order under review and the reasons recorded herein.

(2.) The petitioner was a candidate for the examinations of Punjab Civil Service (Judicial Branch) in the year 2001. Two posts were reserved for the backward class candidates. The Punjab Public Service Commission recommended the names of two backward class candidates, Avtar Singh Barda and Harpreet Singh, higher in merit than the petitioner for appointment on 21.11.2001. Such candidates were appointed and joined service as well. The appointment of all the candidates was cancelled on 27.9.2002 due to alleged malpractices adopted in the selection process.

(3.) Therefore, the cause of action, if any, to seek appointment against the posts meant for backward class candidates arose to the petitioner when the result was declared on 21.11.2001. The present writ petition filed in the year 2012 has been rightly dismissed on account of delay and laches. The subsequent cancellation of the appointments of the two candidates and setting aside of the same in the year 2010, will not give rise to a fresh cause of action to the petitioner. The writ petitions challenging cancellation of the appointment was an independent cause of action for the candidates who were part of such selection process but not for the petitioner, who was not selected.