SANJIV KUMAR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The Punjab Public Service Commission (hereinafter referred to as the Commission), advertised 52 posts of Punjab Civil Services (Judicial Branch) on 12.2.2007. The last date of submission of application forms depicted in the aforesaid advertisement, as well as, the date of submission of the nomination roll, was 12.3.2007. A perusal of the aforesaid advertisement further reveals, that the competitive examination for recruitment to the advertised posts, was scheduled to be held on 15.7.2007. The grievance of the petitioner is based on a newspaper report published in the Chandigarh edition of the Hindustan Times dated 25.2.2007 depicting, that the Supreme Court had called upon all the High Courts in the country to hold a written test for the recruitment of the State Judicial Services Officers for their respective States. In the aforesaid newspaper report, it is also projected, that the Apex Court had restrained the State Public Service Commissions, including the Punjab Public Service Commission from holding the competitive examination for the process of recruitment to the Punjab Civil Services (Judicial Branch).

(2.) Despite the aforesaid newspaper report, it is the contention of the learned counsel for the petitioner, that the Commission issued an advertisement dated 28.2.2007, notifying the holding of preliminary examination as a part of the Punjab Civil Services (Judicial Branch) examination. The Commission then re -advertised the posts which it had advertised earlier, on 7.3.2007, whereby it was clarified, that prior to the holding of the competitive examination, the preliminary examination would be conducted on 15.5.2007. According to the instant advertisement, the competitive examination was scheduled to be held on 15.7.2007 as earlier advertised.

(3.) In the background of the factual position noticed hereinabove, the first contention of the learned counsel for the petitioner was, that in terms of the judgement rendered by the Supreme Court, all examinations had to be conducted by the respective High Courts. Therefore, the holding of the preliminary examination, as also, the competitive examination at the hands of the Commission, is in clear violation of the mandate of the order passed by the Apex Court.