Petitioner challenged his rejection as a Sikh Migrant via writ of certiorari. The court observed that despite initial relief, the petitioner failed to qualify during the interview. Finding no cause of action to persist, the petition was disposed of without granting specific relief.
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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Civil Writ Petition No.7883 of 1989 Date of Decision: November 18, 2009
Sat Pal Singh
.....PETITIONER(S)
VERSUS
State of Punjab & Others
.....RESPONDENT(S)
. . .
CORAM: HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: - None for the petitioner.
Ms. Charu Tuli, Senior Deputy Advocate General, Punjab, for the respondents.
. . .
AJAI LAMBA, J (Oral)
This petition has been filed under Article 226/227 of the Constitution of India praying for issuance of a writ in the nature of certiorari, quashing Letter dated 2.6.1989 (Annexure P-6) rejecting the candidature of the petitioner. Further prayer is for direction to the respondents to interview the petitioner for the post of Assistant Electrical Inspector to be held from 14.6.1989 to 16.6.1989.
It has been pleaded that the petitioner passed higher secondary from school in
CWP No.7883 of 1989 [2]
Jamshedpur (Bihar) under Bihar School Education Board. Thereafter, the petitioner joined the Bachelor of Engineering Course and passed the same from the Regional Institute of Technology, Jamshedpur in the year 1975. Punjabi language was not taught in Bihar and therefore, the petitioner did not have the basic qualification of passing matriculation examination in Punjabi.
It has been pleaded that the petitioner joined as Electrical Engineer in Indian Cable Company in Jamshedpur and served there from 1978 to 1983. The petitioner migrated to Punjab and joined service in Hero Cycles at Ludhiana.
Punjab Public Service Commission advertised 8 posts of Assistant Electrical Inspector in the office of the Chief Electrical Inspector, Punjab on 25.3.1989. The advertisement provided specifically that knowledge of Punjabi upto Matric or its equivalent examination is essential for all posts but the same is relaxable for `Sikh Migrants’.
It has further been pleaded that instructions attached with the Application Form mentioned that Sikh Migrants must pass Punjabi upto Matric or its equivalent standard within two years from the date of appointment. The fact that
CWP No.7883 of 1989 [3]
a person is a Sikh Migrant, would also be endorsed by way of a certificate signed by the Deputy Commissioner.
It has been pleaded that the petitioner visited the Office of Deputy Commissioner for certificate, however, the same was not provided for technical reasons. Claim is that the petitioner was a Sikh Migrant.
Be that as it may, the petitioner applied for the post of Assistant Electrical Inspector in response to the advertisement. Affidavit was attached to the effect that he had migrated to Punjab in 1983 and further undertook that he would pass Matric standard examination in Punjabi within two years as provided in the instructions appended with the Application Form.
The candidature of the petitioner, however, was cancelled on the ground that he had not passed Punjabi of Matric standard and no relaxation can be given because the petitioner could not be termed as `Sikh Migrant’ as the petitioner did not have the required certificate.
Be that as it may, the matter was heard on 13.6.1989 and following order was passed:-
“The learned counsel submits that the petitioner will pass the Punjabi examination up to Matric standard within six months from the date of appointment. The petitioner is
CWP No.7883 of 1989 [4]
permitted to appear in the interview.
Notice.”
Learned counsel for the respondents
has pointed out that in deference to the
directions issued by this Court as extracted above, the petitioner was interviewed by the answering respondents on 16.6.1989. The petitioner, however, did not qualify for selection.
The stand of the respondents shows that candidature of the petitioner was considered dehors the knowledge and qualification in Punjabi language. The petitioner could not make it in the competition. In view of the stand taken by the respondents, no cause of action survives.
The petition is disposed of.
(AJAI LAMBA)
November 18, 2009 JUDGE
avin
2 issues framed by the court
Whether a writ of certiorari should issue to quash the rejection of the petitioner's candidature as a Sikh Migrant.
Whether the adverse order should be quashed in view of the fact that the petitioner did not qualify on merits during the interview.
Sat Pal Singh
State of Punjab
AJAI LAMBA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
