JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner applied for one of the post out of 21 posts of PCS (Judicial Branch) advertised by Punjab Public Service Commission vide advertisement published in English 'THE Tribune' on 30.06.2001. Out of such 21 posts, 02 posts were meant for Backward Classes, Punjab i.e. the category against which the petitioner was a candidate. THE petitioner appeared in the written test and obtained 480 marks and 16 marks in the viva voce test. As per Annexure P-3, the Punjab Public Service Commission recommended the names of the candidates for appointment in order of merit on 21.11.2001. Names of Avtar Singh Barda and Harpreet Singh, having obtained 563.50 and 524.50 marks respectively were recommended as a Backward Class, Punjab, as against the petitioner, who has obtained 496 marks.

(2.) THE appointment of all the candidates was cancelled on 27.09.2002 as tainted appointments as a consequence of Sidhu Scam. A Full Bench of this Court in CWP No.1626 of 2003 and other connected writ petitions in respect of the candidates belonging to batch of 1998, 1999, 2000 & 2001 and that of Harpreet Singh-respondent No.4 has allowed the writ petitions and the order dated 27.09.2002 was set aside. THE Special Leave Petition against the said order was also dismissed. THE grievance of the petitioner is two-fold, firstly, that Avtar Singh Barda, one of the Backward Class-Punjab candidate, who was recommended for appointment in the year 2001 has again appeared in the competitive test in the year 2004 and has been selected, therefore, the vacancy which was filled up by his appointment stands vacated and is available for appointment and against such vacancy, the petitioner is entitled to be appointed; and secondly, that the marks in the viva voce have not been given with any rationale and objective criteria and, therefore, marks allocated by the Interview Committee are not proper and thus, the selection based upon such marking is not justified. THE petitioner has also made reference to some other orders passed by this Court in the subsequent selection processes.

(3.) AVTAR Singh Barda was recommended for appointment in the year 2001. After the appointment was cancelled on 27.09.2002, he has again appeared in the examination and being successful has joined in the year 2004. The resultant vacancy is not available to be filled up from amongst the candidates, whose names were not recommended in the year 2001 for the simple reason that in the subsequent advertisements, the said vacancy has been taken into consideration. It is so apparent from the judgment of this Court in CWP No.17496 of 2010 titled "Gagandeep Singh Garg & another Vs. State of Punjab & others" decided on 02.04.2012, wherein the issue of backlog vacancies meant for the Backward Classes was discussed in the light of the Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006.