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Showing contexts for: selection process completed in Deepak Kumar And Ors vs State Of Punjab And Ors on 11 July, 2024Matching Fragments
26. It is further argued by the learned senior counsel for the petitioners that at the time of pendency of first round of litigation before the Co-ordinate Bench in Daljit Kaur and others (supra), the respondent- department had already stated before the Co-ordinate Bench that the select list had already been finalized and had sought permission to make appointment which plea Hon'ble Court did not allow and quashed the entire selection process along with the advertisement, hence, once the State was given liberty to complete said selection process keeping in view the order passed by the Division Bench dated 19.12.2023 in LPA No. 1898 of 2023, the State cannot decide the issue of eligibility once again and all those, who were being treated eligible upto the date of the said order of the LPA Bench dated 19.12.2023 are to be given consideration for appointment to the post of ETT as advertised on 06.03.2020.
27. Learned senior counsel appearing on behalf of the petitioners contended that keeping in view the undertaking given before the Division 14 of 39 Neutral Citation No:=2024:PHHC:091108 CWP-14546-2024 and other connected cases Bench in LPA No. 1898 of 2023 wherein, it was submitted by the State that the selection process was completed, the State is required to make selection and appointment as per the initial advertisement dated 06.03.2020 (Annexure P-13) only and, therefore, once initially the petitioners were declared eligible, they cannot be ousted from the zone of consideration as the respondent-State is bound by the undertaking as recorded in the order dated 19.12.2023 coupled with the fact that the clarification sought qua the said order by the State has already been rejected by the Division Bench.
38. Even otherwise, the said selection process had already been set-aside by the Co-ordinate Bench while passing order dated 08.11.2021 in Daljit Kaur and others' case (supra). Once, the said selection process had been set-aside and the liberty to conclude the said selection process was only granted subsequently vide judgment dated 19.12.2023 passed by the Division Bench in LPA No. 1898 of 2023, it is clear that by the date of the order in LPA No. 1898 of 2023 i.e. 19.12.2023, the selection process was not complete as even the State had sought time therein to conclude the same. It was mentioned by the State that though selection process is over, the result of the selected candidates was yet to be declared for which time was sought. Once, the list of selected candidates was yet to be published, for which time was granted by the Division Bench on 19.12.2023, it cannot be said that on 11.08.2023 when the judgment was passed by the Hon'ble Supreme Court of India in Devesh Sharma's case 23 of 39 Neutral Citation No:=2024:PHHC:091108 CWP-14546-2024 and other connected cases (supra), the selection process in terms of the Advertisement dated 06.03.2020 had already attained finality.