KIRAN BALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, who is belonging to Schedule Caste (R&O) category, has filed the present petition with a grievance that her candidature for the post of Assistant Librarian has been considered in General Category, though she applied in the reserved category.

(2.) Learned counsel for the petitioner submitted that vide advertisement dated 23.9.2009, applications were invited for 316 posts of Assistant Librarian, out of which 64 posts were reserved for Schedule Caste category. The last date for submission of applications was 13.10.2009. The petitioner, being fully eligible for the post, submitted her application online in the category of Schedule Caste (R&O) category. The provisional list was prepared in which merit position of the petitioner was at Sr. No. 18 having 59.1% marks. For the purpose of preparation of merit list, 80% marks were earmarked for eligibility qualification, whereas certain benefits were given for higher qualification and experience as well. Vide public notice dated 27.11.2010, the candidates were called for counselling on 13.12.2010. The petitioner appeared on that date along with all the requisite documents. She was asked to fill in scrutiny form, where the petitioner specifically mentioned that her rank in the provisional list displayed was at Sr. No. 18 in the category of Schedule Caste (R&O). She annexed all the requisite certificates. Despite this fact, when the result was declared, the name of the petitioner was mentioned in General Category at Sr. No. 41 and declared ineligible, being over-age.

(3.) The submission is that the petitioner had specifically mentioned in her application and in the documents submitted at the time of counselling that she belongs to Schedule Caste (R&O) category, hence, consideration of her candidature in General Category and rejecting the same treating her over-age, is totally illegal. There is relaxation upto 5 years in age for the candidates of reserved category. It was further submitted that at the time of counselling, the Scrutiny Officer was fully satisfied with the documents furnished by the petitioner and never raised an issue regarding the same. No objection was raised regarding the certificate produced by the petitioner showing her to be a candidate of Schedule Caste (R&O) category. Had any objection been raised, the same could have been clarified by the petitioner at that stage itself. He further submitted that if the candidature of the petitioner is considered in reserved category as she falls in the merit list considering the number of posts, she deserves to be appointed. He further submitted that at the time of issuance of notice of motion, one post in the category of Schedule Caste was directed to be kept reserved. Learned counsel further submitted that in case the petitioner is appointed, she will not claim any benefit from a date prior to her appointment.