LATIF AHMED Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) IN this writ petition under Articles 226/227 of the Constitution of India, the petitioner prays for the issuance of a writ in the nature of Mandamus directing the respondents to issue Roll Number to the petitioner so as to enable him to appear in the PCS (Executive Branch and Allied Services) Examination, 1998 in the Ex -servicemen (backward class category) which was scheduled to be held w.e.f. 27.4.2003.

(2.) THE petitioner left the Indian Air Force on 2.8.1991 after working for five years and fifty four days. During the period of his service, the petitioner was entitled to be considered for being commissioned in the Indian Air Force. He was permitted to avail three chances during the five years period. The petitioner had exhausted the three chances. He, therefore, opted to leave the Indian Air Force as he did not wish to continue as an Airman throughout the remainder of his service. As an ex -serviceman, the petitioner was entitled to apply for recruitment to different posts in the State of Punjab. At the relevant time, the petitioner was governed by the Punjab Recruitment of Ex - Servicemen Rules, 1982 (hereinafter called "the Old Rules"). The definition of "Ex - serviceman", according to these rules, was as under: -

(3.) THE petitioner was not permitted to sit in the examination, on the basis of the amended rules. Aggrieved against the decision of the respondents, the petitioner filed CWP No. 9199 of 1993. In the aforesaid writ petition the petitioner had pleaded that the amended rules cannot operate retrospectively. At the time when the petitioner left the Indian Air Force, the old rules were applicable. He had also pleaded that the entire rights and status of the petitioner as an Ex -serviceman could not be taken away by the amended rules. The writ petition was allowed. The respondents were directed to treat the petitioner as an Ex -serviceman and allow him to appear in the examination. The respondents challenged the aforesaid judgment by way of Special Leave Petition in the Supreme Court, but the same was dismissed. The petitioner was permitted to appear in the examination of PCS (Executive Branch and Allied Services) in 1998. The entire result of this examination was, however, scrapped due to allegations of widespread corruption, favoritism and nepotism in what has come to be known as the PPSC Scam. Thereafter the same examination had been re -scheduled to commence from 27.4.2003. Again the petitioner has been denied the roll number to sit in the examination. The petitioner submitted a representation to the respondents, but till the filing of the writ petition, the same was not considered. The petitioner claims that the decision of the respondents in not issuing the roll number is arbitrary, unfair, unjust and violates Articles 14 and 16 of the Constitution of India. The respondents have filed the written statements and controverted the claim of the petitioner.