Devinderpreet Singh Gharu Vs State of Punjab and Others — Punjab & Haryana HC (2025) — LawSathi Research

Devinderpreet Singh Gharu Vs State of Punjab and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the respondents to fill up the two vacant posts in the Reserved Category (Mazhbi/Balmiki) in accordance with the law by considering candidates in accordance with the merit list of the said category, completing the exercise within 4 months from receipt of a copy of the order; pending applications, if any, also disposed of.

Issue for consideration

Whether the respondents are liable to fill up all the posts advertised on 24.10.2016 for the post of Sub-Divisional Engineers before the merit list became defunct. +2 more

Court's answer

Before the merit list expired, the posts which were advertised, against which the petitioner and other candidates competed, had become available to be filled up from the merit list; the petitioner's claim was confined to the post that remained vacant during the period the merit list was operative being filled up by selecting candidates next in merit.

Ratio / Principle

Since the respondents stated in paragraph No.6 of the affidavit dated 28.04.2025 that two posts in the Reserved Category (Mazhbi/Balmiki) remained vacant, the Court directed that the same be filled up in accordance with the law by considering the candidates in accordance with the merit list of the said category.

Key takeaways

The exercise of filling up the two vacant Reserved Category (Mazhbi/Balmiki) posts is to be completed within a period of 4 months from the receipt of a copy of the order.ratio¶18

Detailed headnote1 paragraphs

Punjab and Haryana High Court (Harsimran Singh Sethi, J., Oral), CWP-5248-2019 (O&M), decided 25-07-2025. The petitioner, an aspirant in the selection for the post of Sub-Divisional Engineers advertised on 24.10.2016 (Annexure P-1), sought a direction to the State to fill up all advertised posts before the merit list became defunct, including posts that had fallen available due to non-joining by selected candidates. On the State's additional affidavit dated 28.04.2025 (filed by Jatinder Pal Singh, Chief Engineer, Water Resources), whose paragraph 6 admitted that two posts in the Reserved Category (Mazhbi/Balmiki) remained vacant, the Court directed that those two posts be filled up in accordance with law from the merit list of that category, the exercise to be completed within four months of receipt of the order. Petition and pending applications disposed of. Speaking: YES; Reportable: NO.

217 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-5248-2019 (O&M) Date of Decision : 25-07-2025

DEVINDERPREET SINGH GHARU ........Petitioner VERSUS STATE OF PUNJAB AND OTHERS ........Respondent(s)

CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present: Mr. Harparteek Singh Sandh u , Advocate for the petitioner.

Mr. Rahul Rampal, Addl. A. G ., Punjab.

HARSIMRAN SINGH SETHI, J. (Oral)

Learned counsel for the pe t itioner submits that the petiti o ner participat e d in the selection process for t h e post of Sub-Divisional Engin e ers as advert i sed on 24.10.2016 (Annexure P -1) by the respondents but all the posts ad v ertised were not filled up, whe r eas the respondents were liabl e to fill up all the posts before, the merit list b e came defunct.

Learned counsel for the peti t ioner submits that prior to the d ate the merit list became inoperable, some o f the posts that had been advert i sed had alrea d y become available for due c o nsideration due to non-joining by candidates hence, the respondents are liable to be directed to fill the s aid post in accordance with the law.

Learned counsel appearing on behalf of the respondent-S t ate submits t h at keeping in view the additio n al affidavit dated 28.04.2025 f i led by Mr. J atinder Pal Singh, Chief Engi n eer, Headquarter, Departmen t of Water R e sources, Chandigarh, there w ere two vacant posts in cer t ain categorie s but, there are candidates w ho are higher in merit than the

SAPNA GOYAL 2025.07.28 17:17 I attest to the accuracy and integrity of this document

CWP-5248-2019 (O&M)

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petitioner, who are also to be considered in case, these posts are to be filled up on accordance with the merit.

I have heard the learned counsel for the parties and have gone through the records of the present case with their able assistance.

It should be noted that before the merit list expired, the posts, which were advertised, against which the petitioner and other candidates competed, had become available to be filled up from the merit list. The petitioner is only claiming that the post that was advertised, which remained vacant during the period the merit list was operative, should be filled up by selecting the candidates who were next in merit.

Keeping in view the totality of the circumstances, the respondents in paragraph No.6 of the affidavit dated 28.04.2025 have stated that two posts in the Reserved Category (Mazhbi/Balmiki) remained vacant, let the same be filled up in accordance with the law by considering the candidates in accordance with the merit list of the said category in accordance with law.

Let the said exercise be completed within a period of 4 months from the receipt of copy of this order.

Present petition is disposed of.

Pending application, if any, also stands disposed of.

25-07-2025 (HARSIMRAN SINGH SETHI) Sapna Goyal JUDGE

NOTE: Whether speaking: YES Whether reportable: NO

SAPNA GOYAL 2025.07.28 17:17 I attest to the accuracy and integrity of this document