SHUBHNEET KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has invoked the extra-ordinary writ jurisdiction of this Court under Article 226 of the Constitution of India by way of filing the present writ petition praying for the issuance of a writ of certiorari for quashing the selection of private respondent No.3 on the post of Inspector Legal Metrology in the Department of Food and Civil Supplies, Punjab. Further directions have been sought for selecting and appointing the petitioner in place of respondent No.3.

(2.) The Department of Food and Civil Supplies, Punjab issued an advertisement dated 1.6.2010 inviting applications for recruitment of 21 posts of Inspectors Legal Metrology (Group-C) in the Department of Food and Civil Supplies. The petitioner being eligible in terms of processing the requisite qualifications, applied for the post against the Sports category. The precise grievance of the petitioner is that inspite of her having secured 46.67% marks in the merit determined by the respondent- authorities, respondent No.3 who was lower in merit and had secured 37.33% marks, has been selected for the post of Inspector Legal Metrology. It is also the assertion of the petitioner that the petitioner who belongs to the General Sports Quota has been denied appointment to the post in question and respondent No.3, who was a member of the Scheduled Caste Quota, has been given the post of sports category in clear derogation of the rights of the petitioner who had been ranked higher in order of merit.

(3.) Mr.Sukhdip Singh Brar, learned counsel appearing for the petitioner has vehemently argued that the petitioner was a distinguished sports woman and possessed the requisite sports certificate. Learned counsel further contends that there being no cloud as regards the eligibility of the petitioner, the State Government was bound by the reservation as stipulated in the advertisement pertaining to the sports category and the petitioner being higher in order of merit could not have been denied the selection and appointment in pursuance thereto.