Punjab-Haryana High Court
Navjeet Singh vs Punjab State Electricity Board & Ors on 7 March, 2011
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT FOR THE STATES OF PUNJAB
AND HARYANA AT CHANDIGARH.
C.W.P. No. 10057 of 2008. [O&M]
Date of Decision: 7th March, 2011.
Navjeet Singh Petitioner through
Major Balbir Singh, Advocate
Versus
Punjab State Electricity Board & Ors.
Respondents through
Mr. J.S.Bhatti, Advocate for respondents No. 1 and 2.
Mr. A.S.Gill, Advocate Mr. G.S.Brar, Advocate.
CORAM:
HON'BLE MR. JUSTICE SURYA KANT.
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
SURYA KANT, J. [ORAL] The petitioner belongs to the Scheduled Caste reserved category [Majhbi Sikh and Balmiki]. He seeks a Mandamus for his appointment to the post of Junior Engineer, Grade-II [Electrical] against one of the 25 posts which ought to have been filled up from amongst the Majhbi Sikh and Balmiki candidates.
The undisputed facts are that out of 200 posts advertised by the respondents, 50 posts were reserved for Scheduled Caste candidates. The Punjab Government instructions dated 08.04.1980 provide two sub-categories in the Scheduled Caste reserved category and in terms thereof, 50% posts are to be filled up from amongst the Majhbi Sikh and Balmikis and the remaining 50% from amongst Ram Dasia and other Scheduled Castes.
The respondents as per their stand taken in the written statement have prepared a joint merit list of 50 scheduled caste candidates [irrespective of their further sub-classification] and have appointed them in order of merit. The resultant effect is that only six Majhbi Sikh and Balmikis have got appointment whereas 44 candidates belonging to Ram Dasia and others 'sub-category' have got appointments.
Aggrieved, the petitioner has approached this Court. It may be mentioned here that the further sub-
classification amongst Scheduled Castes introduced vide the government instructions dated 08.04.1980 was subsequently given statutory effect by incorporating so in Section 4[5] of the Punjab Scheduled Caste and Backward Class Reservation in Service Act, 2006. The afore-stated sub-classification was struck down by a Division Bench of this Court vide decision dated 29.03.2010 passed in CWP No. 18290 of 2009 [Devinder Singh v State of Punjab & Anr. following the dictum in E.V.Chinnaiah v State of Andhra Pradesh, [2005] 1 SCC, 394 holding that there can not be micro- classification within the same reserved category. The State of Punjab has impugned the Division Bench decision before the Hon'ble Supreme Court in SLP [Civil] No.23507 of 2010 and vide an order dated 30.08.2010, the Hon'ble Supreme Court has meanwhile stayed the operation of the judgment of the High Court. Learned counsel for the petitioner states that subsequently the above-said interim order has been made absolute. This fact is not disputed by learned counsel for the respondents also.
The resultant effect is that Section 4[5] of the 2006 Act still holds the field and the respondents are obligated to implement the same. In the case in hand, the sub-classification can be effectively implemented by preparing a separate merit-list of the candidates belonging to Majhbi Sikh and Balmiki categories on the one hand and Ram Dasia and others on the other. In the event of a joint merit list, the very purpose of further classification stands defeated. The procedure as adopted by the respondents would, thus, obstruct achievement of the purposive intentment behind the afore- stated sub-classification.
It is stated by learned counsel for the petitioner that should there be a separate merit list of the candidates belonging to Majhbi Sikh and Balmiki categories, the petitioner would be amongst 25 candidates in order of merit and consequently entitled to appointment against one of the reserved posts. This fact does not appear to have been seriously disputed by the official respondents also.
For the reasons afore-stated, the writ petition is allowed to the extent that the respondents are directed to verify the placement of the petitioner in the merit list amongst the Majhbi Sikh and Balmiki candidates and if he is found amongst 25 candidates in order of merit and has also obtained the minimum bench mark, if any fixed, he shall be given appointment as Junior Engineer, Grade II [Electrical] within a period of three months from the date a certified copy of this order is received. The petitioner shall, however, be granted only notional benefits and no back-wages shall be paid. The respondents shall make an endeavour that the appointments already made are not disturbed.
Disposed of. Dasti.
March 07, 2011. ( SURYA KANT ) dinesh JUDGE