SWARANJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners have approached this Court, praying for issuance of a writ of certiorari, quashing order dated 21.3.2013, Annexure P-10, vide which the claim, as asserted by the petitioners against the two unfilled posts, one belonging to ex-servicemen category and the other to the wards of police personnel, has been rejected. Petitioners, in pursuance to the advertisement issued in the year 2010 by the respondents, applied for the post of Lady Constable, for which 11 posts were earmarked in District Fatehgarh Sahib. Eleven candidates cleared the test. Out of these 11 posts, 9 posts have been filled up as per the reservation provided for to the candidates of different categories. Two posts, one belonging to ex-servicemen category and the second to the wards of police personnel, have not been filled up. Since ex-servicemen category candidate was not available, the post reserved for said category was not filled. So far as the post reserved for wards of police personnel category is concerned, there is a stay granted by this Court in Civil Writ Petition No. 13493 of 2010 (Ranjit Singh v. State of Punjab and others). Petitioners, who were the candidates who had cleared the test and were eligible for consideration for appointment, asserted their claim against the two posts of Lady Constables. They submitted their claim by way of a legal notice dated 25.12.2012, Annexure P-8, when recommendations made by the Senior Superintendent of Police to the Director General of Police were not being considered by the said authority and the claim was pending. In pursuance to the directions issued by this Court in Civil Writ Petition No. 2241 of 2013, preferred by the petitioners, order dated 21.3.2013, Annexure P-10, has been passed by the Director General of Police, Punjab, wherein it has been stated that two posts, which have been left vacant, cannot be filled up from the candidates other than the ex-servicemen category and wards of police personnel.

(2.) Counsel for the petitioners submits that the petitioners were not claiming their right for appointment against the posts of scheduled caste category and the wards of police personnel but instead asserting their claim against the two newly created posts of Lady Constables, which could be filled up by the respondents by appointing the petitioners, who had passed the test and were eligible for consideration for appointment. This contention of counsel for the petitioners cannot be accepted in the light of the fact that the posts, which have been created subsequent to the selection process having been completed, cannot be filled up by the candidates who have already been selected, especially when the said posts have yet not been advertised. If such a process is resorted to, it would violate the principle as enshrined under Articles 14 and 16 of the Constitution of India. Finding no merit, the present writ petition stands dismissed.