NAVJEET SINGH Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Petitioner Navjeet Singh has approached this Court by way of filing the present petition under Articles 226/227 of the Constitution of India with the grievance that he belongs to Scheduled Caste category (Mazhabi Sikh and Balmiki) and has a right to be considered for the post of Junior Engineer Grade-II (Electrical) against one out of total 25 posts reserved for Mazhabi Sikh and Balmiki candidates. Total 200 posts were advertised by the respondents and out of the said posts, 50 posts were reserved for the Scheduled Caste candidates. CWP No.10057 of 2008 was filed by the petitioner before this Court for issuance of direction to the respondents to consider his case against remaining 19 unfilled posts reserved for Scheduled Caste category (Mazhabi Sikh and Balmiki) candidates with effect from the date other similarly situated persons were appointed in pursuance to written test held on 12.07.1998 vide advertisement No.CRA-207/97. Said writ petition was disposed of with a direction to the respondents to verify the placement of the petitioner in the merit list amongst the Mazhabi Sikh and Balmiki candidates and in case he was found amongst 25 candidates in order of merit and had obtained the minimum bench marks, if any fixed, he be given appointment as Junior Engineer, Grade-II (Electrical) within a period of three months.

(2.) In compliance of said order passed by this Court, the claim of the petitioner was considered and petitioner was not found to be entitled for appointment to Junior Engineer, Grade-II (Electrical). Said claim was rejected vide order dated 18.10.2011, which is subject matter of challenge in the present petition.

(3.) Learned counsel for the petitioner submits that the respondents while passing impugned order have not taken into consideration the judgment dated 07.03.2011 passed in CWP No.10057 of 2008. He also submits that the appointment was given only to six Scheduled Caste (Mazhabi/Balmiki) candidates, whereas total 44 Scheduled Caste/other candidates were to be appointed out of 50 posts reserved for Scheduled Caste candidates. Only 17 candidates were called for interview and ultimately, 06 candidates were selected. As per the rules, candidates three times upto the total posts should have been called for interview. Learned counsel also submits that petitioner was at Sr. No.31 in the merit list prepared after the written test. Subsequently, by getting information under RTI, the petitioner came to know that there were 23 posts of Junior Engineer (Electrical) for Scheduled Caste/Mazhabi-Balmiki out of total number of 1065 posts, which are still lying vacant. The petitioner could have been considered against the vacant post but in spite of making representation, still he has not been considered. Learned counsel further submits that some of the persons who were higher in merit did not join and in such a situation, the petitioner could have been appointed against vacant post. Learned counsel further submits that respondent No.1 was required to prepare separate merit list of the candidates belonging to Mazhabi Sikh-Balmiki being the first list and of Ramdasia candidates as second list. The respondents have not filled 50% of posts out of Scheduled Caste category in favour of Balmiki and Mazhabi Sikhs. It is also the argument of learned counsel for the petitioner that case of petitioner is squarely covered by judgment passed in CWP No.3948 of 1999.