TEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Whether the petitioner is eligible to be nominated for recruitment to the Punjab Civil Services (Executive Branch) (hereinafter referred to as 'the Service') in terms of Rule 15 of the Punjab Civil Service (Executive Branch) (Class-I) Rules, 1976 (hereinafter referred to as 'the 1976 Rules') and whether the decision of the Government not to forward his name to the Punjab Public Service Commission (hereinafter referred to as 'the Commission') is liable to be quashed on the ground of arbitrariness These are the questions which arise for adjudicalion in this petition.

(2.) The relevant facts of the case are that the petitioner who is M. A. , LL. B. joined service as Clerk on 30.9.1972 in the office of the Deputy Commissioner, Faridkot. He was first promoted as Senior Assistant on 17.4.1985 and then as Naib Tehsildar on 3.12.1993. In pursuance of the circular issued by the Department of Personnel and Administrative Reforms in August, 1997, Minister Incharge, Department of Revenue and Rehabilitation, Punjab recommended his case for being considered for appointment to the Service under Rule 15 of 1976 Rules. However, the Government refused to forward his nomination to the Commission for consideration for selection under Register 'C'. This has prompted the petitioner to invoke writjurisdiction of the High Court for invalidation of Annexure P-5 and for directing the respondent No. 1 to forward his nomination to the Commission.

(3.) The respondent No. 1 has defended the impugned decision by slating that the petitioner's case is not covered under Rule 15 of the Rules. Further case of The respondent No. 1 is that the letter Annexure P-5 was issued by the Department of Personnel and Administrative Reforms because at the time of scrutiny of the recommendations made by Hon'ble the Minister, it was found that the petitioner is not qualified to be nominated under the residuary provision.