AMBIKA SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed the present petition claiming a writ of certiorari to seek quashing of Clause 2(e)(iii) of instructions issued by the Punjab Public Service Commission inter-alia on the ground that the said conditions are contrary to Punjab Civil Services (Judicial Branch) Rules, 1951. The petitioner also claims a writ of mandamus, as a candidate to be appointed on the basis of merit in the list of Lineal Descendants of Ex-servicemen category. The petitioner was a candidate for Punjab Civil Services (Judicial Branch) Examination - 2011. The petitioner is aggrieved against Clause 2(e)(iii) of the Instructions, which reads as under:

(2.) The petitioner relies upon the judgment of this Court in Rajinder Pal Singh v. State of Haryana etc., 2003 4 SCT 677 to contend that the condition of obtaining 50% marks in the aggregate of written papers and vivavoce has not been accepted. It has been held that the High Court cannot fix higher standards as a condition for qualification for entry of the names in the Register for appointment unless the State Government agrees to such process even without amending the Rules.

(3.) Learned counsel for the petitioner pointed out that similar question arises in CWP No. 4277 of 2000 titled "Jarnail Singh etc. v. State of Punjab etc." In which, the arguments have been heard and is pending decision. In the said case the candidates belonging to reserved categories i.e. Scheduled Castes & Backward Classes were not offered appointment, as they have not obtained 50% marks in aggregate.