JAGDEEP SINGH MAROK Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner who is working as an Assistant Superintendent, Central Jail, prays for the issue of a writ of Mandamus directing the State of Punjab to consider his claim for "appointment to the Punjab Civil Service (Judicial Branch) as a Backward Class candidate for the examination held in April 1991". The respondents contest this claim and point out that the petitioner's candidature was duly considered as a 'General' candidate and that he cannot have his claim reconsidered on the basis of certificates etc. produced by him long after the examination was over.

(2.) Learned counsel for the parties have been heard.

(3.) The admitted facts are that posts in the Punjab Civil Service (Judicial Branch) were advertised on September 8, 1990. Three of the posts were reserved for the members of Backward Classes. The candidates had to submit their applications by October 8, 1990. The petitioner who was already employed submitted his application. He did not claim to be a member of the Backward Classes. The petitioner had appeared in the written examination held from April 1, 1991 to April 4, 1991. It was on July 10, 1991 that the petitioner submitted a representation claiming that he was entitled to be treated as a member of the Backward Classes. Along with the application he had produced a certificate dated April 30, 1991 in which it was observed that he belongs to the 'Kamboj' caste which is recognised as a Backward Class. It was further certified that the income of his family from all sources did not exceed Rs. 50,000/- per annum. The result of the examination was declared on July 25, 1991. The petitioner having not been considered as a member of the Backward Classes, approached this Court through the present writ petition in August, 1991.