SAMPURAN SINGH SANDHU Vs. STATE OF PUNJAB ETC.

JUDGEMENT

(1.) The petitioner belongs to a family with military traditions. While he was studying in the Pre-University class, he decided to join the Armed Forces and was recruited as sepoy on December 31, 1964. The petitioner is present before me and he states that he joined as a combatant in the 4th Battalion of the Sikh Regiment. During the Indo-Pak conflict in 1965, the petitioner fought at the Barki Front. He was mentioned in the dispatches and was also awarded Raksha Medal in 1965. In March, 1966, he was elected as a Cadet for permanent Commission and sent for training to the Military Academy at Poona. While on leave as a Cadet, he met with an accident which resulted in the amputation of his left arm. This permanent disability put an end to his ambitions as a combatant in the Indian Armed Forces. Consequently, he put in a request to the Army Head Quarters that he should be released from service.

(2.) After his release, the petitioner passed his B.A. Examination in the year 1970 and L.L.B. examination of the Panjab University in the First Division in the year 1973. The petitioner appeared in the Punjab Civil Services (Judicial Branch) Examination held in December, 1973. This examination was held by the Punjab Public Service Commission for recruitment to the ten posts in the Punjab Civil Services (Judicial) Branch. Two posts out of the ten were reserved for the Released Army Personnel. The result of the examination was declared in May, 1974. The petitioner's name appeared at No. 34 in the merit list. Respondent No. 3, who is also a Released Army Personnel, was placed at No. 22 in the merit list. The Punjab Public Services Commission did not treat the petitioner as a Released Army Personnel to be considered for appointment to one of the two posts reserved for this class. He has filed the instant petition challenging the decision of the Punjab Public Service Commissioner on this point.

(3.) In the return filed on behalf of the commission, it has been averred that the petitioner was released at his own instance and such persons were not treated as Released Army Personnel for the purpose of reservation of posts for this class.