SANDEEP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of CWP No.11806 of 2013 and CWP No.20975 of 2013 as common questions of fact and law are involved.

(2.) THE Punjab Pubic Service Commission issued advertisement dated 1.4.2013 inviting applications from eligible candidates for recruitment to 126 posts of Section Officers in the Department of Finance (Treasuries & Accounts), State of Punjab.

(3.) IT has further been argued on behalf of the petitioners that, if, the respondents are permitted to fill up the 126 posts of Section Officers by way of direct recruitment, then, the petitioners would suffer an irreparable loss inasmuch as they would be deprived from consideration for appointment as Section Officers even under the 40% quota provided under the 2012 Rules. Per contra, learned State counsel would submit that the 2012 Rules are not being applied retrospectively as all the eligible employees, who had qualified the S.A.S. Examination prior to the promulgation of the 2012 Rules have already been duly considered for appointment under the old rules of 1978. It has further been submitted that, if, vacancies have remained unfilled on account of non -availability of eligible candidates for appointment under the old rules, there would be no bar in law to fill up such vacancies, as per the new rules. Furthermore, learned counsel for the State as also the private respondents have in unison contended that none of the petitioners is qualified to be appointed as a Section Officer as they have not qualified the S.A.S. Examination, Part -I and Part -II and as such, by virtue of the process of direct recruitment initiated in the light of advertisement dated 1.4.2013 there is no vested right of the petitioners that is sought to be taken away. Learned counsel for the private respondents would further impress upon the Court that in pursuance to the advertisement dated 1.4.2013 issued by the Punjab Pubic Service Commission, a process of selection has already been finalized and a combined merit list stands issued on 24.5.2013. The private respondents whose names figure in the list of selected candidates have already been subjected to a medical examination as also police verification and they are merely waiting the issuance of appointment letters.