ROOP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The short question which needs determination in this writ petition is whether the Government can relax the conditions of eligibility after the process of selection has been started particularly when there is no clause in the advertisement regarding relaxation in the conditions of eligibility.

(2.) Reference to some of the facts would enable us to appreciate the issue raised in the writ petition in a correct perspective. On the basis of a requestion sent by the Government, the Punjab Public Service Commission (for short, 'the Commission') issued advertisement for recruitment of 20 Deputy Superintendents of Police and 6 Deputy Superintendents Jail/District Probation Officers. In response to this advertisement, the petitioner, the respondent No. 3 and a large number of other candidates submitted their applications. As the petitioner was successful in the written test, he was called for physical measurements and fitness test which was held on 6.5.1954. Thereafter he was called for viva voce test held on 16.5.1954. Result of the selection was announced by the Commission some time in May, 1994. The name of respondent No. 3 appeared at Sr. No. 10 in the merit list for recruitment to the post of Deputy Superintendent of Police, whereas name of the petitioner appeared at Sr. No. 1 in the merit list for recruitment to the post of Deputy Superintendent Jail/District Probation Officer. On the basis of this selection, the petitioner came to be appointed as Deputy Superintendent Jail vide order dated 8.9.1994. Similarly respondent No. 3 was appointed as Deputy Superintendent of Police vide order Annexure P11 dated 10.8.1994.

(3.) One Surinder Bhardawaj challenged the selection made by the Commission through C.W.P No. 9798 of 1994. The petitioner also filed C.W.P. 16889 of 1994 to challenge the legality of the selection of respondent No. 3 on the ground that he did not fulfil the conditions of eligibility. That writ petition was dismissed on 25.11.1994 with an observation that the petitioner may approach the Court after the decision of CWP No. 9798 of 1994. His review petition was also dismissed by the High Court. Subsequently, Shri Surinder Bhardawaj withdrew CWP No. 9798 of 1994 and now the petitioner has instituted this petition.