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Notice in this writ petition was issued and during the pendency of the writ petition, Amolak Singh possessing the qualification of Post Graduation has been issued appointment letter, whereas Ms. Pearl Sidhu has not been issued the same, which resulted in filing of CWP No. 11047 of 2010 by her, challenging the appointment and selection of all the candidates in pursuance to the advertisement dated 22.5.2009 to the post of Assistant Town Planner. It has been asserted that the petitioner is eligible for appointment to the post in question having scored higher marks than many of the general category candidates and being placed at Serial No. 1 in the Ex-serviceman category. It has further been asserted that she (Ms. Pearl Sidhu) being eligible, as per the Statutory Rules, should be issued the appointment letter and non-issuance of the same by the respondent-department is violative of the judgment of the Hon'ble Supreme Court in Rajesh Kumar Daria Versus Rajasthan Public Service Commission and others, AIR 2007 SC 3127, which lays down the principle of horizontal reservation and the operation of the said principle has been explained therein. It has further been asserted that preferential qualifications as provided in the Statutory Rules would come into effect when on consideration of all the candidates, who are eligible as per the Statutory Rules, have been found to be equal in all respects. When the said position comes into existence, it is then the person with the preferential qualifications CWP No. 11047 of 2010 and connected cases -4- would be entitled to be considered prior for appointment, but when a candidate without that preferential qualification, secures higher marks as has been assessed by the selecting authority, the said principle of preferential qualifications will not come into force. In support of this contention, reliance has been placed upon the judgment of the Hon'ble Supreme Court in State of U.P. and another Versus Om Prakash and another, 2006 (6) SCC 474. It has further been asserted that the respondent-department has proceeded to appoint candidates more than the advertised posts, which is not sustainable in the light of the judgment of this Court in Satbir Singh Bura Versus Haryana State Electricity Board, Panchkula, 1996 (1) SCT 437. On this basis, prayer has been made for allowing the writ petition by directing the respondents to appoint her (Ms. Pearl Sidhu) on the post of Assistant Town Planner.

In CWP No. 15427 of 2010, petitioner Prince Kaushal is asserting his right for appointment to the post in question on the ground that he possesses the qualification, which has been termed as preferential qualification, for appointment to the post of Assistant Town Planner, but no benefit of the same stands granted to him while considering his candidature for appointment. All the candidates, who have been recommended for appointment and the candidates who possess qualification other than the preferential qualification, deserves to be ousted.

(a) and (b) and thus, have been given preference over and above the candidates possessing qualification mentioned under Clause (c). Since clear preference for appointment to the candidates possessing qualifications as categorized in Clauses (a) and (b) has been provided in the Rules, candidates with qualification under Clause (c) cannot be appointed irrespective of the merit obtained by the candidates in the selection process. The merit prepared by the Commission was only on the basis of marks obtained by the candidates in the qualifying examination (one of the essential qualification which made them eligible). Candidates possessing the basic qualification which has been treated as a preferential qualification as mentioned in the Rules governing the service, have been given the precedence over other candidates. Even the Commission in its recommendations had advised the Government to give preference as per the rules at the time of appointment.

CWP No. 11047 of 2010 and connected cases -8- Counsel for the parties have put-forth their arguments in Court in accordance with the pleadings which have been referred to above.

The first question which requires to be decided by this Court is with regard to preferential qualification as provided under the Statutory Rules and the effect thereof.

For resolving this issue, reference to the Statutory Rules would be essential. The post of Assistant Town Planner is governed by the Punjab Town and Country Planning Class-II (Technical) Service Rules, 1998 (in short 'Rules 1998'). As per Rule 5 of the 1998 Rules, appointment to the service shall be made in the manner specified in Appendix-B. For direct appointment, the qualifications prescribed therein are as follows :-