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Petitioner seeks a writ of mandamus to direct the respondent, Punjab State Education Department to consider his claim for appointment to the post of Computer faculty against the Scheduled Caste (R & O) Category.

Brief factual matrix is that advertisement dated 03.12.2011 (Annexure P-1) was issued by the Punjab Information and Communication Technology Education Society (PICTES) inviting applications for recruitment to 700 posts of Computer faculty on contractual basis. As per reservation provided, 70 posts were reserved for SC (R & O) Category.

It is the pleaded case of the petitioner that information was sought under the provisions of Right to Information Act as regards the number of candidates who have not joined on the post under the SC (R & O) Category. In response thereto petitioner was informed that there are 07 vacant slots of Computer faculty in the SC (R & O) Category.

The precise claim of the petitioner is that once a post has not been consumed and a meritorious candidate as per merit list prepared is available then the vacancy ought to be filled up by inviting the candidate next in order of merit.

2 of 5 Counsel concedes that the petitioner had participated in a process of counselling conducted on 11.03.2013. Thereafter, information was sought under the Right to Information Act as regards vacant post of Computer faculty under the SC (R & O) Category pertaining to the advertised post and such information was supplied on 15.11.2013 itself. Apparently, petitioner submitted a representation dated 15.04.2014 staking a claim to be appointed being a meritorious candidate and by virtue of having secured 37.75 marks. Clearly, after submitting a representation dated 15.04.2014 petitioner slept over his rights and ultimately woke up to file CWP No.9167 of 2017 and which was also permitted to be withdrawn on 06.09.2017 as per prayer made by counsel representing the petitioner. Thereafter, a legal notice dated 15.09.2017 was served and which has not evoked any response. Resultantly, the instant writ petition.

There is no justification coming forth as regards the inordinate delay of 04 years on the part of the petitioner in having approached the writ Court. Counsel has made an attempt to overcome the obstacle of delay by citing the instance of one Jaspreet Singh who even though belongs to the General Category but has raised a similar claim by filing CWP No.7199 of 2015 and which writ petition is stated to be pending before this Court and fixed for motion hearing on 26.02.2018.

This Court will not permit the petitioner to gain any impetus from the pendency of CWP No.7199 of 2015 filed by Jaspreet Singh who was a General Category candidate and had 3 of 5 also applied for the post of Computer faculty in the same very recruitment process.