Indian Kanoon - Search engine for Indian Law

Petitioner has approached this Court challenging the appointment of respondent No. 4-Shiv Dev Singh Gill to the post of Assistant District Attorney being violative of the Punjab Government instructions dated 20.12.2001 (Annexure-P-6), according to which, posts left unfilled in the quota reserved for Balmikis/Mazhabis, Scheduled Caste Ex-servicemen and Scheduled Caste Sportsman are to be reserved upto 2% for the Vimukat Jatis and Bazigars and only if no candidate of these two categories is eligible then the post can be filled up from among other scheduled caste candidates.

Petitioner has thus, approached this Court challenging the selection and appointment of respondent No. 4 on the ground that the said respondent having been found to be ineligible in pursuance to the advertisement dated 17.10.2009 (Annexure-P-1) under the category of Scheduled Caste (Sportsperson), cannot be appointed to the post of scheduled caste, treating it as a general seat when as per the instructions dated 20.12.2001 (Annexure-P-6), the said post could be filled up only in case a candidate from Vimukat Jatis/Bazigars were not available. Petitioner belongs to the Vimukat Jati and, therefore, was entitled to be considered for appointment to the said post.

Instructions dated 22.10.2009 (Annexure-R-4/T) issued by the Government of Punjab, Department of Welfare (Reservation Cell) came to the notice of the official respondents, which prescribe that in the absence of non- availability of Scheduled Caste (Sportsperson) category candidate, the post would revert to the Scheduled Caste category. Since respondent No. 4, when treated as a Scheduled caste candidate alongwith others, was found to be securing merit No. 1 in the said category, the advertisement dated 29.5.2010 qua the filling up the post of Scheduled Caste (Sportsperson) category in district Sri Muktsar Sahib was cancelled and respondent No. 4 was appointed as a Assistant District Attorney. Since petitioner did not apply in pursuance to the advertisement dated 17.10.2009 and there was no other Vimukat Jati and Bazigar category candidate, the instructions dated 20.12.2001 (Annexure-P-6) could not be pressed into service and thus, the petitioner has no right to claim the post left unfilled in the quota meant for the Scheduled Caste (Sportsperson).