JANGRANJODH SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner has approached this Court impugning the selection and appointment of respondent No. 4-Rachhpal Singh on the post of District Commander. It is the contention of the counsel for the petitioner that in pursuance to the advertisement issued by the respondents, petitioner applied for the reserved post of Scheduled Caste (Others) out of the two posts reserved for the scheduled caste, one was reserved' for Balmiki/Mazbi Sikh of Punjab, if available and one post of others in scheduled caste category. Since the petitioner and respondent No. 4 belong to the same category of scheduled caste (others) and there was one post, which was left out of the reserved two posts for this category, as per the general practice adopted by the Punjab Public Service Commission three times the number of vacancies were to be called from the shortlisted candidates for interview and for the main examination. Petitioner being at Sr. No. 03 of the merit list short-listing was eligible to be called for the post and was rightly called. However, respondent No. 4 was at Sr. No. 4 and, therefore, could not have been called for interview. Consideration of respondent No. 4, thus, is not sustainable what to say of the appointment given to him after selection. It has further been contended that the petitioner has secured higher marks even as per the criteria as has been laid down by the Punjab Public Service Commission in the academic qualification and others whereas in the viva-voce, petitioner has been given lower marks than respondent No. 4, because of which, he has effectively marched over the petitioner and obtained higher marks in the grand total resulting in his selection. This, the counsel for the petitioner contends, selection of respondent No. 4 is not sustainable.

(2.) I have considered the submissions made by the counsel for the petitioner and have gone through the records of the case.

(3.) The contention of the counsel for the petitioner that as per the advertisement, there were two posts reserved for the scheduled caste, out of which one was reserved for the Balmiki/Mazbi Sikh of Punjab, although can, at the first instance, be accepted but there is a rider attached thereto, which indicates that this reservation of one post would be applicable, in case a candidate under the Balmiki/Mazbi Sikh of Punjab category is available. In the pleadings, there is not an assertion to this effect that such a candidate was available for shortlisting after the screening test.