GURMEL SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) By this judgment, two petitions bearing CWP No.12464 of 2014 and CWP No.13551 of 2014 shall be disposed of as common question of law and facts are involved. However, for the sake of convenience, the facts are being derived from CWP No.12464 of 2014.

(2.) The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari quashing Advertisement No.2 dated 21.04.2014 (Annexure P-7) and also the "General Information" (Annexures P-8 and P-9) as no reservation has been granted to the candidates of Scheduled Castes despite the mandate of Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006 (here-in-after referred to as 'the Act, 2006) and the essential qualification of passing of Punjabi language test up to matric level or its equivalent has not been provided despite the mandate of the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994. A further prayer has also been made for issuance of direction to the respondents to initiate the selection process afresh in accordance with law.

(3.) Briefly, the facts of the case as made out in the petition, are that respondent No.2-PPSC issued an Advertisement No.2 dated 21.04.2014 inviting online applications for selection to the Punjab Civil Service (EB) (here-in-after referred to as the 'PCS (EB)') to be filled up through Register 'A-II' and Register 'C'. Petitioner being fully eligible for appointment as per criteria laid down under Rule 15 and having eight years of experience, submitted online application on 12.05.2014. His name was also forwarded by respondent No.3 vide letter dated 29.05.2014 to the respondent- Commission for consideration in Register 'C'. However, inadvertently the petitioner filed online form of Register 'A-II' and his name was put in Register 'A-II' by the respondent-Commission subject to the confirmation by the Government. Petitioner also made a representation dated 28.04.2014 protesting against the non-reservation of any vacancy for the scheduled castes and also not providing the clause of passing the Punjabi language test upto matric level or its equivalent in the advertisement but to no effect. Hence, the impugned advertisement and general informations issued in respect of appointment to Registers "A-II" and "C" have been challenged by stating that the same are illegal, arbitrary, discriminatory, un-constitutional and contrary to the statutory provisions and as such, they are liable to be set aside.