JAGPREET SINGH Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) The petitioner is a Doctor and has filed this petition seeking a direction against respondent no.2 to conduct the process of selection for the post of Medical Officers in a fair and transparent manner by issue of the selection criteria and the break up of marks for educational qualifications and interview.

(2.) It is stated in this writ petition that respondent no. 2 issued advertisement dated 10.10.2008 (Annexure P-1) for filling up 100 vacancies of Medical Officers in various categories. It is alleged that no criteria has been specified in the advertisement. In the advertisement published, it was provided that in case of large number of applications, the short-listing may be done, but despite this condition more than 2200 applications were received and all eligible candidates have been called for interview. The petitioner further states that due to announcement of the Lok Sabha election, respondent no.2 vide letter dated 2.3.2009 (Annexure P-2) sought clarification from the Chief Electoral Officer, Punjab, Chandigarh regarding the continuation of the interviews. The Chief Electoral Officer sought certain information from respondent no.2 and on receipt of the information, the Chief Electoral Officer vide its letter dated 5.3.2009 approved the continuation of process of selection with a condition that the final appointment orders should be issued after the completion of the election process. The petitioner also applied under the RTI Act to disclose the criteria regarding selection process and the petitioner was informed that the criteria for making selection is kept confidential. It is alleged that respondent no. 2 resorted to pick and choose policy, hence this petition has been filed.

(3.) At the first instance, there is no specific allegation regarding infirmities, irregularities or illegalities in the selection process. Secondly, the petitioner is not even an applicant. It is alleged in paragraph 2 that the petitioner is public spirited person and is filing this petition for conduct of the selection in a fair and transparent manner. Such a petition is totally devoid of any merit. Even if it is assumed that the petition is in the nature of Public Interest Litigation, it does not fall within the parameters set by the Hon'ble Supreme Court in various judgments where the service matters are involved. In the case of Dr. B. Singh v. Union of India and others, 2004 3 SCC 363 regarding the duty of the courts in matters of Public Interest Litigation, the Hon'ble Supreme Court observed as under:-