Disposed

Parveen Kumar Gandhi v. State of Punjab and Ors.

Punjab & Haryana HC11 Jul 2011CWP/11800/2011

Case brief

AI extract

What is this about?

Petitioner sought prohibition against promotion to Executive Engineer post from Scheduled Caste candidates, arguing reservation quota was exhausted. Court directed respondents to determine category of vacancy before holding Departmental Promotion Committee.

What did the court decide?

Direct respondent to consider petitioner's claim on vacancy category and determine if filled from General or Reserved category before holding Departmental Promotion Committee.

Parveen Kumar Gandhi Vs State of Punjab and Ors. — Caste Atrocities | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civl Writ Petition No.11800 of 2011

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Date of Decision : July 11, 2011.

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Parveen Kumar Gandhi ..... Petitioner

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versus

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The State of Punjab and another

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..... Respondents

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CORAM : HON'BLE MR.JUSTICE SURYA KANT.

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Present : Mr.R.K.Arora, Advocate, for the petitioner.

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Ms.Charu Tuli, Senior Deputy Advocate General, Punjab.

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-.-

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1. Whether Reporters of Local papers may be allowed to see the judgment?

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2. To be referred to the Reporters or not?

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3. Whether the judgment should be reported in the Digest?

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(Oral) Surya Kant, J.

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Notice of motion.

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Ms.Charu Tuli, Senior Deputy Advocate General, Punjab, accepts notice on behalf of the respondents.

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Let two copies of the writ petition be handed over to Ms.Charu Tuli, learned Senior Deputy Advocate General, Punjab, during the course of day.

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In view of the nature of order which I propose to pass, there is no need to seek any counter reply from the respondents at this stage.

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[2]

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CWP No.11800 of 2011

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The petitioner seeks a writ of prohibition to restrain the respondent-authorities from making promotion to the post of Executive Engineer from amongst the reserved category of Scheduled Caste.

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The petitioner who belongs to the General Category urges that in a cadre of 14, two posts of Executive Engineers have already been filled up from the Scheduled Castes category and as such the reservation quota stands exhausted. It is also urged that the vacancy sought to be filled has arisen on account of long leave taken by Shingar Pal Singh Sekhon, Executive Engineer, who belongs to the General Category and as such the same needs to be filled up from amongst the General Category candidates only. Reliance is placed on a decision of the Hon'ble Supreme Court in R.K.Sabharwal versus State of Punjab and others (1995) 2 SCC 745. It is also contended that the Departmental Promotion Committee is going to meet on 14.7.2011 without considering the petitioner's above mentioned contentions.

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Having heard learned counsel for the parties and without expressing any views on the issues raised, I deem it appropriate to dispose of this writ petition with a direction to respondent No.1 to firstly consider the above mentioned claim of the petitioner and determine as to whether the vacancy in question is required to be filled up from the General Category or it belongs to the reserved category of Scheduled Caste. It is further directed that no DPC shall be held till some decision on the aforestated issue(s) is taken and communicate to the petitioner.

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Ordered accordingly.

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CWP No.11800 of 2011

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[3]

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Let a copy of this order be given dasti to Ms. Charu Tuli, Senior Deputy Advocate General, Punjab, for information and necessary compliance.

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July 11, 2011 (SURYA KANT) Mohinder JUDGE

Parveen Kumar Gandhi v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Parveen Kumar Gandhi v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

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