VIRONIKA Vs. STATE OF PUNJAB & ORS.

JUDGEMENT

(1.) The petitioner applied for the post of Medical Laboratory Technician G-II advertised on July 26, 2011 by way of direct recruitment. Out of the 390 posts advertised 194 of them were earmarked for the General category candidates, 40 posts to SC(M&B), 39 to SC(R&O) and 39 towards reservation meant for Backward Classes. The petitioner is originally a member of the Scheduled Caste category by birth. Either she or her forefathers freely converted to Christianity forsaking their roots by embracing the Christian religion. By this act, they lost their status as Scheduled Caste but were saved to still fall within the reservation concessions accorded by the State under Article 16 (4) of the Constitution by special inclusion in the list of Backward Classes/Other Backward Classes falling in the reserved class category declared by the Government of Punjab vide notification dated August 16, 1972. This has been pointed out by Mr. Duggall, learned counsel appearing for the petitioner from document Annexure P-13 to the petition. Meaning thereby that a scheduled caste candidate converting to Christianity ceases to be a member of the Scheduled Caste for all times if the new faith is practiced but instead falls in the Backward class category as declared under Article 341 of the Constitution.

(2.) Indisputably, the petitioner applied for direct recruitment under the category of Scheduled Caste and competed in that category without disclosing her status as a Christian. So I asked Mr. Duggall to show me the public notice advertising the post in the year 2011 to know more about the argument raised in the context of relief. On perusal, the terms and conditions have been laid down at the foot of the public notice with instructions on how to apply online. Provision No.9 reads as follows:-

(3.) The impugned order rejecting the candidature of the petitioner adverts to this condition and holds that since the petitioner did not apply for change/correction of data punched; as presently canvassed as an innocuous mistake, within the time allowed online till August 19, 2011 then no one can do anything or be of any help since the data fed was locked in the selection programme and no change was acceptable or would be allowed thereafter. The petitioner now wants to change her track of reservation after the result of the selection has been declared, as far as she is concerned, in the Scheduled Caste category. She implores the Court that she should be allowed by a direction to the respondents to compete in the Backward Class category. She submits that her marks determined as per the criteria laid down are higher than last Backward Class candidate selected and offered appointment. The further argument is that still some posts of Backward Class category are lying vacant and therefore, a direction should go to the State commanding them to consider appointing the petitioner against one of the vacant posts as per her merit.