LAWS(P&H)-2004-8-216

LAKSHMI NARAIN Vs. STATE OF PUNJAB

Decided On August 05, 2004
LAKSHMI NARAIN Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The petitioner applied for the post of Social Studies Master in the backward class category and was allotted Roll No. 0613-004803 and called for interview on 11.10.2001. The result was declared on 26.11.2001 and the petitioner was shown as having obtained 52.42 marks. The petitioner was then entitled to selection being a candidate belonging to the backward class. It is, however, submitted that the petitioner was interviewed along with the general category candidates, with the result that he was not found to be within the merit while respondent No. 4 who had secured 51.01 marks was given appointment.

(2.) A reply has been filed on behalf of respondent No. 4 in which the plea taken by the petitioner that he was a backward class candidate has been admitted. In the reply filed by respondents 1 to 3, it has also been admitted that the petitioner had been issued a Roll Number for the general category inadvertently and was interviewed along with general category candidate. It has, however, been further submitted that the petitioner should have made a representation to the Co-ordinator of the Departmental Selection Committee for rectification of the result at that very time but he had failed to do so.

(3.) Mr. Arvind Singh, the learned counsel for respondent No. 4 has also pointed out that though his client was admittedly lower in merit than the petitioner but he had not opted for the post of JBT/ETT so as to accept the post of Social Studies Master. We are of the opinion that this factor cannot dislodge the higher merit of the petitioner.