ASHWANI KUMAR MEHTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present writ petition is to the notification published by the Punjab Public Service Commission (for short 'the Commission') on 21.05.1999 (Annexure P-5) and consequently assigning seniority to respondent No.4 Tejwinder Singh over the petitioners.

(2.) All the petitioners along with respondent No.4 appeared in the Punjab Civil Services (Judicial Branch) Examination held in the year 1989, the result of which was declared on 03.07.1990. In the said result published in the Punjab Government Gazette on 14.09.1990, respondent No.4 was placed at merit position No.17. On 08.02.1991, all the petitioners as well as respondent No.4 were appointed and assigned seniority in order of merit determined by the Commission.

(3.) The appointment of Members of Punjab Civil Services (Judicial Branch) is governed by the Punjab Civil Services (Judicial Branch) Rules, 1951 (for short 'the Rules') as amended from time to time. In the year 1989, when the petitioners and Respondent No.4 appeared in the examination, Rule 7 of Part-C contemplated that no candidate shall be credited with any marks in any paper unless he obtains at least 33 per cent marks in it, whereas Rule 8 of Part-C contemplated that no candidate shall be considered to have qualified unless he obtains 45 per cent marks in the aggregate of all the papers. Such Rules were later on amended on 04.06.1991. The Rules as existed in the year 1989 and after amendment read as under: <FRM>JUDGEMENT_3369_TLP&H0_2013_1.html</FRM>