Whether the petitioners, whose names were included in the select list prepared for recruitment to Punjab Civil Service Judicial Branch are entitled to be appointed against the posts which became available due to the resignation of two of the appointees and the unfilled posts of reserved categories is the question which arises for companysideration in these petitions filed under Article 32 of the Constitution.
04 Backlog 02 The petitioners, who belong to general category, applied for recruitment against the general category posts.
Immediately thereafter, the petitioners were sent for medical examination and all of them were found fit.
They have pleaded that on the basis of examination companyducted in 2007, 7 candidates of general category were appointed against the de reserved posts and there is numberreason for number giving similar treatment to them.
The Government of Punjab sent companymunications to the High Court for the petitioners appointment against the vacant posts but the High Court did number agree and vide letter dated 10.12.2012, the Registrar General of the High Court informed the Home Department that the names of the petitioners cannot be entered in the register.
The State Government Respondent No.l had number intimated the answering respondent the reasons behind number filling up the remaining vacancies lying vacant.
However, their names were number included in the register meant for appointment of the selected candidates because 47 candidates, who were placed above them were appointed against the advertised posts of general category.
The break up of the posts advertised by the Commission was as under General 47 Scheduled Castes, Punjab.09 Scheduled Castes, 02 Ex servicemen Lineal Descendent of Ex servicemen, Punjab.
The companycerned authority accepted their request and issued order dated 26.9.2012 for de reservation of 5 posts.
The posts vacated by them were number filled and were included in the advertisement issued in 2012.
Backward Classes, Punjab.09 Backward Classes, 03 Backlog 01 Ex servicemen Lineal Descendent of Ex servicemen, Punjab.
Balmiki Mazhbi Sikhs 04 Backlog 02 ESM LDESM, Punjab.
Physically Handicapped, 04 Backlog 02 Punjab.
01 Sports Person, Punjab.
That under the order dated 17.1.2008 passed by the Honble the Chief Justice of Punjab and Haryana High Court, the names of 24 candidates were entered in the High Court Register and vide Respondent No.2s letter dated 18.1.2008 the State Government was informed accordingly.
Ex servicemen Lineal 09 Backlog 03 Descendent of Ex servicemen, Punjab.
From the reserved categories, only 27 candidates were selected and they were appointed against the posts earmarked for their respective categories.
Balmiki Mazhbi Sikh, 18 Backlog 08 Punjab.
49, 50, 51, 53 and 54.
The Punjab Public Service Commission for short, the Commission issued Advertisement No.1 in the year 2011 for holding examination for recruitment to the Punjab Civil Service Judicial Branch .
The State Government was also requested to forward the names of other candidates as per the recommendation of Respondent No.2 as 37 vacancies were available for appointment as PCS JB officers.
Shri Rakesh Kumar Serial No.32 , who was appointed against a general category post, joined the service but resigned with effect from 16.7.2012.
Their prayer is founded on the assertion that the State Government is the sole repository of power to deicide whether or number the reserved category post should be de reserved and the High Court cannot refuse to enter their names in the relevant register and deny them appointment against the de reserved posts.
Of these, one post was from the category of ex serviceman, two were from the category of physically handicapped and one was earmarked for sports persons.
Another plea taken by the petitioners is that they are entitled to be appointed against the two posts vacated by Shri Rakesh Kumar and Ms. Shikha Thakur.
The petitioners have number sought intervention of this Court for issue of a mandamus to the High Court to enter their names in the relevant register and to the State Government to appoint them against the vacant posts.
In the select list prepared by the Commission, the names of the petitioners were shown at serial Nos.
Freedom Fighter, Punjab.
That thereafter, the State Government vide its letter dated 20.2.2008 had forwarded the names of 18 candidates with the request to enter the names of said candidates in the High Court Register so that further necessary action be taken.
Likewise, Ms. Shikha Thakur Serial No.35 , who was also appointed against a general category post, resigned with effect from 2.1.2013 and was relieved on 2.2.2013.
Ms. Mohini Serial No.31 in the select list , who was appointed against a general category post, did number join and in her place Ms. Parul Serial No.48 was appointed.
In the meanwhile, the petitioners submitted representation dated 26.4.2012 to the Principal Secretary, Home Department, Punjab for de reservation of the reserved category posts for facilitating their appointment.
