SONIPREET Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) By way of the instant petition filed under Articles 226/227 of the Constitution of India, the petitioner, inter alia seeks issuance of Mandamus directing the respondents to select and appoint the petitioner on the post of Staff Nurse w.e.f. the date respondent No.3 was appointed.

(2.) It is asserted that the petitioner who belongs to Saini Caste, under a bona fide mistake, inadvertently applied in the category of OBC. The caste of the petitioner is not covered by the Presidential Order which declares the castes as OBC. Therefore, her candidature was rejected. It is submitted that rejection of candidature of the petitioner is against law. The candidature of the petitioner ought to have been considered against the unreserved category. It is further asserted that the petitioner secured 58.40 marks as against 57.6 marks secured by the last selected candidate i.e. respondent No.3 in the unreserved category. He further asserts that certain posts are still lying vacant.

(3.) On the other hand, learned State counsel submits that the petitioner applied in the reserved category of BC. The caste of the petitioner does not fall under the BC category, therefore, her candidature was rightly rejected. A short affidavit on behalf of respondent Nos.1 and 2 in compliance of order dated 20.03.2018, has also been filed in the Court, which is taken on record. As per the affidavit, one post of Staff Nurse is lying pending in the Department.