Punjab-Haryana High Court
Harshpreet Singh Jeffey And Ors vs State Of Punjab And Others on 5 December, 2022
Author: Jaishree Thakur
Bench: Jaishree Thakur
283.
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
1. CWP-27099-2022
Date of Decision: 05.12.2022
HARSHPREET SINGH JEFFEY AND ORS. .... Petitioners
Versus
STATE OF PUNJAB AND OTHERS .... Respondents
2. (136) CWP-27880-2022
LOVEPREET KAUR .... Petitioner
Versus
STATE OF PUNJAB AND OTHERS .... Respondents
3. (137) CWP-27884-2022
SURSUMEL SINGH .... Petitioner
Versus
STATE OF PUNJAB AND OTHERS .... Respondents
4. (142) CWP-27931-2022
VINOD AGNIHOTRI .... Petitioner
Versus
STATE OF PUNJAB AND OTHERS .... Respondents
5. (284) CWP-27179-2022
MANDEEP KAUR AND ORS .... Petitioners
Versus
STATE OF PUNJAB AND OTHERS .... Respondents
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CWPs-27099, 27880, 27884, 27931, 27179, 27125 27614-2022 - 2 -
6. (288) CWP-27125-2022
HARSIMRAN KAUR AND ORS. .... Petitioners
Versus
STATE OF PUNJAB AND OTHERS .... Respondents
7. (289) CWP-27614-2022
MANDEEP KAUR .... Petitioner
Versus
STATE OF PUNJAB AND OTHERS .... Respondents
CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR
Present:- Mr. Aminder Singh, Advocate,
for the petitioners in CWP Nos.27099, 27931, 27179, 27614,
27125 and 27880 of 2022.
Mr. Vikas Singh, Advocate,
for the petitioner in CWP No.27884 of 2022.
Mr. Gaurav Garg Dhuriwala, Senior DAG, Punjab.
----
JAISHREE THAKUR.J (Oral) By this common order, this Court proposes to dispose of writ petitions i.e. CWP Nos.27099, 27880, 27884, 27931, 27179, 27125 and 27614 of 2022 and for the sake of brevity, the facts have been taken from CWP No.27099 of 2022.
The petitioners herein have approached this Court under Article 226 of the Constitution of India for issuance of an appropriate writ, order or direction especially in the nature of certiorari for quashing the impugned 2 of 5 ::: Downloaded on - 07-12-2022 06:02:24 ::: CWPs-27099, 27880, 27884, 27931, 27179, 27125 27614-2022 - 3 - provisional list of selected candidates for the posts of Information Technology Assistant (Software) in CWP Nos.27614, 27099, 27125, 27179, 27884, 27931 of 2022 and Forensics Officer in CWP No.27880 of 2022 to the extent that the names of the petitioners do not find mention in the list despite being higher in merit than many selected candidates.
In brief the facts that can be culled out are that respondent No.2- Director General of Police, Punjab issued an advertisement No.5 of 2021, dated 17.08.2021 to fill up 634 vacancies of 'Civilian Support Staff' in the Punjab Bureau of Investigation of Punjab Police by way of direct recruitment. There are 9 different categories of posts to be filled up, namely, Legal Officer, Assistant Legal Officer, Forensic Officer, Assistant Forensic Officer, Computer/Digital Forensics Officer, Information Technology Officer, Information Technology Assistant (Software), Financial Officer and Assistant Financial Officer. The eligibility requirement for the candidates for the post of ITO was a Bachelor degree in Computer Science, IT or Electronics and Communication with emphasis on Computer software and programming from a Central or State Government recognized or an AICTE approved University or Institution, with 7 years of relevant work experience in Central Government or State Government or Public Sector Undertaking or any e-Governance Project or in Private Sector. Different qualifications and period of experience are detailed in the advertisement Annexure P-1.
Learned counsel appearing on behalf of the petitioners would contend that having necessary qualification and the experience, the petitioners applied and were called for document verification. However, their names do not find mention in the provisional select list prepared. It is 3 of 5 ::: Downloaded on - 07-12-2022 06:02:24 ::: CWPs-27099, 27880, 27884, 27931, 27179, 27125 27614-2022 - 4 - submitted that as per the marks obtained in the written examination they are higher in merit and, therefore, ought to have been considered for appointment against the said posts.
Counsel for the petitioners would submit that barring one category or two, almost all the selections in different categories of posts are under challenge in various writ petitions before this Court.
This Court on 24.11.2022 had taken note of various contentions raised and was of the opinion that there seems to be apparent mistake in compiling the provisional merit lists and, therefore, asked respondent No.4 to be present in Court to explain whether or not the merit list needed to re- looked.
Pursuant to order dated 24.11.2022, Ms. Gurpreet Deo, Additional Director General of Police (Community Affairs), Punjab, who has headed the process of entire recruitment, is present in Court today. Mr. Gaurav Garg Dhuriwala, Senior DAG, Punjab, on instructions, would submit that there is no mistake in compiling the selection lists. In fact the selections have been made after taking into consideration the opinion of the Expert Committee that had been formulated to look into the experience certificates that had been furnished by the candidates. It is submitted that some of the candidates have furnished the experience certificates after having worked on computer in a karyana shop which would not be an adequate certificate for working in the Intelligence Wing as compared to the experience gainees with Infosys like companies. It is also submitted that apart from the fact that certain candidates have filed various writ petitions, approximately 150 representations have been preferred by the candidates seeking a re-look into 4 of 5 ::: Downloaded on - 07-12-2022 06:02:24 ::: CWPs-27099, 27880, 27884, 27931, 27179, 27125 27614-2022 - 5 - the selection list, which representations are being considered by a Sub Committee which has been constituted for this purpose. The Sub Committee is being headed by Mr. Rajesh Jaswal, IGP, who is also a member of the recruitment board and, therefore, the grievance of the petitioners would also be looked into and a speaking order will be passed thereon which would be communicated to the petitioners herein.
I have heard learned counsel for the parties and in view of the fact that the entire matter is being re-looked into on the basis of representations that have already been preferred by the candidates and the Sub Committee constituted is to take up grievance of each applicant, let the writ petitions filed by the petitioners herein also be placed before the Sub Committee which would go into the issue and the grievance of the petitioners would also be considered and redressed by passing a speaking order, which order would be communicated to the candidates including the petitioners herein.
Consequently, these writ petitions are disposed of with the aforesaid directions.
Since there is urgency in the said matter and recruitment process ought to be completed, let the Committee complete the entire process within a period of six weeks from today.
(JAISHREE THAKUR)
JUDGE
05.12.2022
sanjeev
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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