SUKHMINDERJIT SINGH BAJWA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present judgment shall dispose of 4 civil writ petitions i.e. CWP Nos. 16012 and 22491 of 2019 and CWP No. 7404 of 2020 and CWP Nos. 11739 of 2021. Challenge in CWP No. 16012 of 2019, Sukhminderjit Singh Bajwa and others vs. State of Punjab and others is to the Rule 6(2) as well as Entry 7 of Schedule B of Punjab Medical Education (Group A) Service Rules, 2016 (in short '2016 Rules') being ultra vires, illegal and having no rational nexus to the object that is sought to be achieved. Similarly, the same relief is also sought in CWP No. 22491 of 2019, Dr. Amarpreet Kaur and another vs. State of Punjab and others. In CWP No. 7404 of 2020, apart from the challenge to the Rule, challenge has also been raised to the list of eligible and non-eligible candidates as per the list dtd. 25/2/2019 (Annexure P-3) issued by the Director Principal, Dr. B.R. Ambedkar State Institute of Medical Sciences, SAS Nagar, Mohali, Punjab qua the advertisement dtd. 26/2/2000 as the petitioners were stated to be eligible candidates for recruitment to the post of Professors/Associate Professors in the Department of Micro Biology, Pathology, Bio Chemistry and Anatomy.

(2.) In CWP No. 11739, Dr. Shivani vs. State of Punjab and others, the petitioner seeks quashing of the subsequent advertisement dtd. 3/6/2021 (Annexure P-9) qua the Assistant Professor of Pharmacology and to declare the result of the petitioner for the said post and to decide her representations.

(3.) In view of various orders passed and developments which have taken place and the necessary steps the State Government has taken since the Rules have thereafter been amended on 8/1/2021, we are of the considered opinion that the writ petitions have been rendered infructuous whereby challenge to the Rule has been raised. However, on account of interim orders passed, two candidates still are contesting for the benefit of appointment to the post of Assistant Professor, Pharmacology namely Dr. Gurleen Kaur, who is petitioner No.7 being impleaded as per application under Order 1 Rule 8(1) CPC i.e. C.M. No. 9096-CWP of 2019 in CWP No. 16012 of 2019 on 1/6/2022 and Dr. Shivani, who has filed CWP No. 11739 of 2021. In order to adjudicate on their respective rights, the background will have to be referred to.