GURMAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition seeks quashing of appointment of respondent No. 3 or 4 as District Manager, Punjab School Education Board and to appoint the petitioner in his place, the petitioner being Balmiki or Mazhbhi.

(2.) Case of the petitioner is that he belongs to SC. Balmiki. He joined service as Clerk with the Punjab School Education Board in the year 1982 and was later promoted as Senior Assistant, On 16.11.2001, the Punjab School Education Board issued an advertisement inviting applications for four posts of District Managers by way of direct recruitment. Respondent Nos. 3 and 4, who belonged to the SC category, were given appointment. The petitioner represented on the basis of instructions of the State Government dated 5.5.1975 and 8.4.1980 to the effect that Balmiki and Mazhabi Sikh candidates out of the SCs be given first preference. The State Government vide letter dated 14.2.2003, gave a direction in favour of the petitioner but the Punjab School Education Board has not given appointment to the petitioner.

(3.) Reply has been filed by respondent No.4 stating that the petitioner was lower in the category of SCs. It has been further stated that the State Government could not interfere in favour of the petitioner when appointment of respondent Nos. 3 and 4 was valid. Reliance has been placed on a Constitution bench judgment of the Hon'ble Supreme Court in E.V. Chinnaiah V/s. State of Andhra Pradesh and others, 2005 AIR(SC) 162