HARINDER SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) Shri Harinder Singh son of Shri Sohan Singh, resident of Vikas Nagar, Rajpura, District Patiala, has filed the present Civil Writ Petition under Articles 226/227 of the Constitution of India praying for the issuance of a writ or direction in the nature of certiorari, mandamus etc. setting aside the selection list prepared by respondent No. 2 and the impugned order Annexure P-1 and P-2, appointing respondent No. 3 to 10 without considering the superior claim of the petitioner and directing the respondents No. 1 and 2 to offer appointment as Lab. Attendant to the petitioner forthwith.

(2.) The case set up by the petitioner is that on 7.7.1992, respondent No. 2 advertised four posts of Lab Attendants and as per the condition of the advertisement, the last date of submission of the application was 31.7.1992. It is alleged by the petitioner that respondent No. 2 was to retire on 31.8.1992. His term was extended beyond 31.8.1992. In order to accommodate his bosses, respondent No. 2 appointed 26 persons to the post of Lab Attendant as against the advertised four posts. As a result, the petitioner has given the challenge to the selection list prepared by respondent No. 2.

(3.) The notice of the writ petition was given to the respondents. The reply has been entertained. The allegations have been denied and the stand of the State is that in the advertisement itself there was a scope for taking more persons. Moreover, the present writ is liable to be dismissed for non-joinder of necessary parties as the petitioner has not impleaded all the selectees, who have been selected by respondent No. 2. Also it was the stand of the State that there were thousands of applications which had necessited the State to take more persons than that of the advertised posts.