RAJWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellants who belong to the reserved SC category had applied for the post of Multi-Purpose Health Workers (Male) in pursuance to an advertisement bearing No.1/2001 whereby 400 posts, in all, had been advertised. Even though, as per original stipulation in the advertisement, 165 posts were reserved for SC/ST, but thereafter during the selection process, the number of posts reserved were re-calculated and the posts in the category of SC were brought down to 95, apparently to ensure that the maximum limit of reservation does not exceed 50%. In furtherance of the process of selection, the Punjab State Subordinate Service Selection Board recommended candidates for appointment including those belonging to the reserved SC category. Admittedly, the names of the appellants did not figure in the select list and they were placed in the waiting list. It is against such factual backdrop that Civil Writ Petition No.16863 of 2008 came to be filed by the appellants herein praying for the issuance of a writ of mandamus to direct the respondents to offer them appointment to the post of Multi-Purpose Health Workers (Male) in the reserved category of SC. The primary contention that had been raised by the appellants before the writ court was that in case all the 165 posts that had been originally advertised and reserved for the SC category had been filled up, then they would have secured appointment to the post in question. The claim raised by the appellants has not been accepted by the learned Single Judge in terms of impugned judgment dated 8.9.2011 holding that there was no backlog of vacancies pertaining to the reserved SC category and further the selection of 165 candidates, if held, would have been in violation of the maximum cap of reservation to the extent of 50% as laid down by the Hon'ble Apex Court.

(2.) NOTICE of motion had been issued in the instant Letters Patent Appeal on the limited issue as to whether there was any backlog of vacancies or not. In response, an affidavit dated 18.2.2013 of Director, Health Services (Family Welfare), Punjab has been filed. It has been clarified therein that in pursuance to the selection process initiated vide advertisement issued in the year 2001, 65 posts pertaining to the reserved SC/ST category were not filled up so as to not exceed the 50% cap of reservation. Accordingly, it has been stated that there was a backlog of 65 posts pertaining to SC category till the year 2002. Accordingly,the advertisement to fill 131 posts of Multi-Purpose Health Workers (Male), pertaining to all categories had been issued on 4.4.2008 including the backlog of 65 posts pertaining to the SC category. Such backlog stands duly filled up during the selection process conducted in the year 2008. Another material fact which would be discernible from the affidavit dated 18.2.2013 placed on record is that the appellants had applied in relation to the backlog of 65 posts in response to the advertisement dated 4.4.2008 and had subjected themselves to the process of selection. Admittedly, they have remained unsuccessful even in such subsequent process of selection, which is not a subject matter of challenge.

(3.) THERE is no merit in the instant appeal and the same is, accordingly, dismissed.