Punjab-Haryana High Court
Harbhajan Singh vs State Of Punjab And Others on 8 January, 2014
Bench: Jasbir Singh, Harinder Singh Sidhu
CMs No. 5145-46 of 2013 in/and
LPA No. 2023 of 2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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CMs No. 5145-46 of 2013 in/and
LPA No. 2023 of 2013
Date of decision : 8.1.2014
Harbhajan Singh ........Appellant
Vs.
State of Punjab and others ....Respondents
CORAM: Hon'ble Mr. Justice Jasbir Singh
Hon'ble Mr. Justice Harinder Singh Sidhu
Present:- Mr. Balram Singh, Advocate, for the applicant/appellant
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Jasbir Singh, J. (Oral)
CM No. 5146 of 2013 :
After hearing counsel for the applicant/appellant, application is allowed. Delay of 804 days in re-filing the appeal stands condoned. CM No. 5145 of 2013 :
After hearing counsel for the applicant/appellant, application is allowed. Delay of 340 days in filing the appeal stands condoned.LPA No. 2023 of 2013
The appellant was a candidate for the post of Social Education and Panchayat Officer, advertised in the year 1992. Selection against the above posts were made in the year 1994. The appellant came to this Court seeking issuance of a writ of mandamus, directing the respondents to place on record Selection/Merit List, prepared qua Backward Classes Candidates. Further prayer was made that selection of five respondents be Kumar Ashwani 2014.01.15 10:41 I attest to the accuracy and integrity of this document CMs No. 5145-46 of 2013 in/and LPA No. 2023 of 2013 -2- quashed, having been made without any merit.
CWP No. 4566 of 1995 came up for consideration before the learned Single Judge along with many other cases and at the time of hearing, only argument raised was that more posts, reserved for Backward Classes than advertised, were filled up at the time of above selection.
Above said plea was negatived by the learned Single Judge by observing as under :-
"In CWP No. 4566 of 1995, learned counsel for the petitioner had raised an additional ground seeking appointment of the petitioner to the post of SEPO that the post reserved for Backward Class had been filled up beyond the advertisement. The petitioner by way of the said writ petition has not only challenged the selection of SEPOs made in the year 1994 but has also challenged the selection of the SEPOs made in terms of the advertisement dated 22.11.1989. The selection made in the year 1989 could not be challenged by the petitioner in the year 1995. So far as the selection of SEPOs made in the year 1994 is concerned, initially 19 posts were advertised and consequently, 1 post came to the Backward Class Category. 11 more posts fell vacant during the selection process and consequently 30 candidates were selected to the posts of SEPOs. As per the roster point mentioned by the State in reply filed in CWP No. 2970 of 1995, for the category of Backward Classes, the reserved roster points were 15, 35, 55, 75 and 95. Consequently, two persons were appointed in the category of Backward Classes at roster point No. 55 and 75 as there was a backlog of Backward Classes at roster paint No.55. Hence, the argument raised by the learned counsel that more posts had been filled up in the Backward Classes Kumar Ashwani 2014.01.15 10:41 I attest to the accuracy and integrity of this document CMs No. 5145-46 of 2013 in/and LPA No. 2023 of 2013 -3- Category beyond the advertisement is without any basis."
It was specifically observed that only 3 posts were filled up, which were meant for the Backward Class Category, as per roster. It is also come on record that one post was advertised, however, during process of selection, 2 posts had fallen vacant, which were also filled up.
Counsel for the appellant has failed to show us that the Authorities were not competent to fill up those posts.
No case is made out to interfere in the order passed by the learned Single Judge.
Accordingly, the appeal is dismissed.
(Jasbir Singh) Judge (Harinder Singh Sidhu) Judge 8.1.2014 Ashwani Kumar Ashwani 2014.01.15 10:41 I attest to the accuracy and integrity of this document