LAWS(P&H)-2015-3-721

SATINDER SINGH Vs. STATE OF PUNJAB

Decided On March 24, 2015
SATINDER SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) writ in the nature of certiorari is prayed for to quash the selection of respondents No.3 and 4 as Constables, as indicated in the final result dated 21.09.2012 (Annexure P-6). And consequently, respondents No.1 and 2 be directed to consider the claim of the petitioner for selection, since he happened to be fully eligible and had even cleared the physical test, etc.

(2.) In short, the case set out in the petition is that applications were invited to fill up 200 posts of Male Constables in Armed Police Cadre in Punjab Police. 1% i.e. 2 posts, were reserved in the category of dependents of Freedom Fighters. Petitioner applied in the said category and competed for selection against the said two posts. After clearing the physical test, he was called for interview on 19.09.2012, on the basis of his merit, vide interview schedule (Annexure P-4), along with two other candidates i.e. Roll Nos.3629 and 14027. However, the final selection list, that was notified on 21.09.2012, vide Annexure P-6, revealed that the candidates with Roll Nos.14025 and 14489 i.e. respondents No.3 and 4, respectively, were selected in the category of dependents of Freedom Fighters. The grievance set out in the petition is that the names of the selected candidates did not even figure in the interview schedule (Annexure P-4) and, thus, they were never invited for interview. Since, their names appeared in the final selection list for the first time, without having appeared in the test or interview, it was evident that the same was actuated through unfair means and was wholly unsustainable.

(3.) Pursuant to the notice issued by this Court, reply by way of affidavit of Chairman, Recruitment Board-cum-IGP, PAP, Jalandhar Cantt., was filed, and a reading thereof reveals that a detailed interview schedule as regards 536 candidates was issued on 03.09.2012, with the note that if any candidate had any clarification/objection, he could contact the Board. Candidate i.e. Harvneet Singh (Roll No.14025), apprised the office of the Recruitment Board on 05.09.2012 that although he had applied for recruitment against the posts reserved for the wards of Freedom Fighters, but his name was not included in the list of candidates called by the Recruitment Board, for interview. Resultantly, the form of the said candidate was scrutunized and it was discovered that on account of an error in the Code of the computer data, only three candidates were shown to have applied for recruitment as Constable against the seats reserved for the wards of Freedom Fighters. Albeit, on scrutiny of the data, it was found that both the private respondents No.3 and 4 and 7 other candidates, had also competed for recruitment in the same category, and had obtained 24/25 marks and were, thus, eligible to be called for interview. The details of the marks obtained by the said candidates are depicted in a tabulated form and the same reads, as thus:-