LAWS(P&H)-2013-1-209

MANJIT SINGH Vs. STATE OF PUNJAB

Decided On January 08, 2013
MANJIT SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Petitioner has approached this Court assailing the appointment of respondent No. 4 to the Post of Junior Engineer (Civil) on the ground that he being more meritorious than respondent No. 4, respondent No. 4 has been granted appointment to the post of Junior Engineer over and above the petitioner only on the ground that at the time of counselling when the documents were to be scrutinized, petitioner was unable to produce the Lineal Descendent Certificate of an ex-serviceman.

(2.) Petitioner, in pursuance to the advertisement dated 04.12.2009, applied for the post of Junior Engineer (Civil). Out of the 85 posts, which were advertised, 7 posts were kept reserved for ExServicemen/Dependent of Ex-Servicemen Category. Petitioner and respondent No. 4 competed along with others for the post of Junior Engineer (Civil) under the Dependent of Ex-Servicemen Category.

(3.) Petitioner belongs to the Scheduled Caste Category apart from he being of Dependent of Ex-Servicemen category whereas respondent No. 4 belongs to the General Category and was also a dependent of ex-serviceman. Criteria for fixing the merit under each category was written test. In the written test, which was held by the respondents, petitioner secured 31 marks whereas respondent No. 4 secured 28 marks. Petitioner thus was more meritorious than respondent No. 4. After the declaration of the result, petitioner was called upon, vide a communication dated 12.05.2010 (Annexure P-7) issued by the office of the Chief Engineer (Central) Punjab, Water Supply and Sanitation Department, Patiala, to appear in the office of the Chief Engineer at 2.00 P.M. on 17.05.2010 for verification of documents along with the original documents. He appeared before the concerned authority and produced all the documents which were specified in the communication dated 12.05.2010 (Annexure P-7). Petitioner was called upon to produce the Lineal Descendent Certificate, which the petitioner, at that time, did not possess.