Petitioner, a few in reserved category, challenged job appointment allocation. Court directed respondent to consider claimsona pending representation and pass a speaking order within one month.
Directions to respondent No. 3 to consider petitioner's claim and pass a speaking order on representation dated 25.06.2012 within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CWP No. 14397 of 2013 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No. 14397 of 2013 (O&M) Date of decision: 09.07.2013
Kuldeep Singh
...... Petitioner
Vs.
State of Punjab & others
..... Respondents
CORAM:- HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA.
Present: Mr. A.S. Cheema, Advocate for the petitioner.
Tejinder Singh Dhindsa, J. (Oral)
The petitioner who belongs to the reserved SC (M&B) category had applied for the post of Constable in district Police pertaining to Shri Muktsar Sahib. In the final merit list issued, the name of the petitioner appears at Sr. No. 3 in the waiting list pertaining to the reserved category to which he belongs.
The grievance raised in the present writ petition is that two other candidates belonging to the same very reserved category i.e. SC (M&B) and who have secured more marks than the last selected candidate under the general category are required to be considered amongst open category candidates and as such, are not to avail the benefit of their reserved status. Towards such assertion, counsel would place reliance upon judgments rendered by this Court dated 17.02.2012 and 29.05.2012 at Annexures P-3 & P-4 respectively. Counsel would further advert to a letter dated 04.06.2013 (Annexure P-6), whereby information has been supplied under the provisions of Right to Information Act, 2005 to contend that the
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CWP No. 14397 of 2013 (O&M)
candidate at Sr. No. 1 in the waiting list of SC (M&B) category has already been appointed to the post of Constable. Resultantly, it is contended that in case, two candidates of SC (M&B) category, who have secured more marks than the last selected candidate under the general category candidate were to be shifted to the open competition category, the petitioner, who is at Sr. No. 3 in the waiting list would be able to secure appointment. Counsel further apprises the Court that even a representation dated 25.06.2012 (Annexure P-7) already stands filed.
In the light of the facts noticed hereinabove, I deem it appropriate to dispose of the present writ petition with directions to respondent No. 3 to consider the claim of the petitioner and to take a final decision on the representation dated 25.06.2012 (Annexure P-7) strictly in accordance with law and by passing a speaking order within a period of one month from the date of receipt of a certified copy of this order.
Petition disposed of.
9th July, 2013 harjeet
(TEJINDER SINGH DHINDSA) JUDGE
3 issues framed by the court
Whether candidates from reserved categories with higher marks than general category candidates should be shifted to the open competition category.
Whether the petitioner, appearing third in the SC (M&B) waiting list, can secure appointment by shifting superior candidates from reserved to open category.
Whether the authority must consider the petitioner's claim and pass a speaking order on a pending representation.
Colour shows how this judgement treated each authority
judgments rendered by this Court dated 17.02.2012 and 29.05.2012Referred¶15
1 provisions across 1 enactments
Kuldeep Singh
State of Punjab
Tejinder Singh Dhindsa
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
