GURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Two questions which arise for adjudication in this writ petition are whether the nomination of respondent No. 4 under rule 10(1) for selection for the purpose of inclusion in Register A-II maintained under Rule 8 of the Punjab Civil Services (Executive Branch) Class I Rules, 1976 is illegal, and whether the petitioner is entitled to be appointed to the Punjab Civil Service (Executive Branch).

(2.) In the year 1990, the Government of Punjab decided to make recruitment against 9 vacancies of P.C.S. (Executive Branch) Class I from register A-II. For this purpose, the names of the petitioner and others holding ministerial appointments in Class II and Class III services under the Government of Punjab were forwarded by the competent authorities. The names of all such persons were forwarded by the Chief Secretary, Punjab, to the Punjab Public Service Commission along with the nomination rolls and service records. The name of the petitioner was not included in the list forwarded to the Commission. He, therefore, instituted C.W.P. No. 67 of 1994 (Gurjit Singh v. State of Punjab and others). That writ petition came to be decided on 18.4.1994 along with five other writ petitions. Vide its judgment in Narinder Pal Sharma v. State of Punjab, 1994 3 SCT 482, a Division Bench of this Court allowed CWP No. 67 of 1994 and directed the respondents to forward the name of the petitioner to the Punjab Public Service Commission for necessary action. Here it is important to mention that the petitioner had quoted the name of respondent No. 4 as one of the candidates whose name had been forwarded by the Minister of Medical Education and Research and pleaded that if Gurdeep Singh, respondent No. 4, could be nominated by the Minister for Medical Education and Research on the basis of his short tenure, there was no reason why he could not have been nominated by the Minister, Public Works Department because he had worked in that Department between 22.6.1993 and 26.7.1993.

(3.) The Punjab Public Service Commission short listed the candidates whose names were forwarded by the Chief Secretary and called 38 eligible candidates for interview from 27.9.1994 to 30.9.1994. On the basis of the evaluation of the record and performance of the eligible candidates who were interviewed by it, the Commission prepared a merit list of the following 9 candidates :