ASHISH SALGOTRA Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The petitioner applied for the post of Physiotherapist pursuant to the advertisement which has been placed on record as Annexure P-1. The educational qualifications as given in the advertisement and the ones possessed by the petitioner are not in dispute except for the condition of having three years experience which the petitioner did not possess. Against the prescribed condition of experience, the petitioner merely had four months of work experience. The petitioner had applied against the Ex-serviceman category in which two posts were available. All these posts were contractual in nature and intended to last for one year, but with possibility of their continuance beyond that as well. The petitioner concedes that he does not have the requisite experience, but relies on the condition where relaxation was permissible. The relevant portion of the advertisement in this regard is extracted here below:-

(2.) On a prior occasion, the petitioner filed a writ petition which was disposed of with a direction to the respondents to pass a speaking order with regard to the claim of the petitioner and Annexure P-6 is the result of such exercise which is also impugned by the petitioner in the present petition.

(3.) A perusal of Annexure P-6 would reveal that the respondents have stated that no candidate of Physiotherapist category has been appointed by giving relaxation in experience. The respondents in their reply largely relied upon the fact that the petitioner did not have the requisite experience and since no relaxation was given to any of the candidates, the petitioner cannot claim the same as a matter of right. Besides, it has been stated that the select list was issued in the year 2011 and the entire process would have a life of one year and thus, the petitioner who approached this Court now, cannot get any benefit.