Punjab-Haryana High Court
Hargobind Singh vs State Of Punjab And Others ... on 25 July, 2013
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP No. 15858 of 2013(O&M)
Date of Decision: 25.7.2013.
Hargobind Singh --Petitioner
Versus
State of Punjab and others --Respondents
CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.
Present:- Mr. A.S. Cheema, Advocate for the petitioner.
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TEJINDER SINGH DHINDSA.J The respondent-Police Department, State of Punjab issued advertisement dated 11.9.2010 (Annexure P-1) advertising a total of 5578 posts of Male Constables for recruitment in the District Police Cadre. Out of these, 194 posts pertained to district Barnala. It has been asserted that the petitioner, who belongs to the S.C (M&B) reserved category had applied for the post. Being eligible, he was permitted to participate in the selection process and in the final merit that was determined, he has secured 25.75 marks and his name figures at Sr. No. 1 in the waiting list pertaining to such reserved category.
The grievance that has been raised in the present writ petition is that the candidates belonging to the same very reserved category i.e. S.C (M&B), who have secured higher marks than the last candidate selected under the General Category, have been considered against the reserved category and have not been shifted and considered against the General Category. Towards such assertion, counsel submits that respondent no.4 namely Dharminder Singh son of Sh. Gurmail Singh, who is the last selected candidate in the General Category has secured 27.75 marks, Lucky 2013.07.29 12:37 I attest to the accuracy and integrity of this document chandigarh CWP No. 15858 of 2013(O&M) -2- whereas the candidates at Sr. Nos.1 and 2 in the S.C (M&B) category have secured 28.5 marks.
Argument raised is that in case the first two candidates of the reserved category were to be considered against the General Category, then the petitioner would have a clear right to be appointed as a Male Constable pertaining to district Barnala on account of his name figuring at Sr. No.1 in the waiting list. Counsel has further placed reliance towards his claim upon judgements rendered by this Court and appended as Annexures P-3 and P-4 along with the petition.
In the light of the facts noticed herein above, I deem it appropriate to dispose of the present writ petition with a direction to respondent no.3 to consider the claim of the petitioner and to take a final decision on the representation dated 7.1.2013 (Annexure P-6) strictly in accordance with law and in the light of the judgements at Annexures P-3 and P-4 by passing a speaking order within a period of two months from the date of receipt of a certified copy of this order.
Petition disposed of.
(TEJINDER SINGH DHINDSA) JUDGE July 25, 2013.
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