Sir, I am directed to refer to Punjab Government letter No.
SUBJECT Representation of members of Scheduled Castes Tribes and Backward Classes in service in Punjab.
Consequent upon his selection for appointment in the Indian Administrative Service, Harinder Singh Khalsa, who had joined the post of Extra Assis tant Commissioner in the Punjab Civil Service Executive Branch on or about June 21, 1974 resigned his office and was relieved therefrom on August 11, 1974.
Dated Chandigarh, the 6th March, 1961.
The said Circular letter reads as follows No.
Appeal by Special Leave from the Judgment and Order 3 9 1976 of the Punjab Haryana High Courts in Civil Writ Petition No.
WGII 13 29 61/5598 From Shri E. N. Mangat Rai, I.C.S. Chief Secretary to Government, Punjab TO All Heads of Departments, Commissioners of Divisions, Deputy Commissioners and the District and Sessions Judges in the Punjab and the Registrar, High Court, Punjab.
Being the next candidate in order of merit amongst the Scheduled Castes candidates in the select list of the Punjab Civil Service Executive Branch , the appellant made a representation to the State Government claiming on ad hoc basis the vacancy caused by the resignation of Harinder Singh Khalsa in accordance with the State Governments instructions companytained in Circular letter No.
WG II 13 29 61/5598 dated March 6,1961.the validity whereof had been upheld by a Division Bench of the Punjab Haryana High Court vide judgment dated May 26, 1966 in C.W. No.
He was, however, appointed as A Class Tahsildar in one of the Allied Services as per the second preference indicated by him in his application seeking admission to the Punjab Civil Service and Allied Services Examination.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
3063 of 1965 entitled Harbhajan Lal Mudgil Anr.
v. State of Punjab Ors.
R. Agnihotri and P. C. Bhartari for the Appellant.
In the said examination, the appellant who was a member of the Scheduled Castes secured third position in the order of merit amongst the candidates belonging to the Scheduled Castes , the other two candidates above him being Harinder Singh Khalsa and Hans Rai Megh.
K. Mehta and K. R. Nagaraja for the Respondent.
The Commission recommended 12 persons including the aforesaid three persons who belonged to the Scheduled Castes for recruitment to the Punjab Civil Service Executive Branch .
2962 of 1977.
2504 of 1975 .
2504 of 1975 filed by the appellant under Articles 226 and 227 of the Constitution.
3 in the order of merit amongst the candidates belonging to the Scheduled Castes in the aforesaid examination and only two posts, one each for the years 1971 and 1972, in the Punjab Civil Service Executive Branch were available for members of the Scheduled Castes on the basis of 20 quota reserved for them against which Harinder Singh Khalsa and Hans Raj Megh Were appointed, the appellant companyld number be recruited to the Punjab Civil Service Executive Branch .
The Judgment of the Court was delivered by JASWANT SINGH, J. This appeal by special leave is directed against the judgment and order dated September 3, 1976 of the Punjab Haryana High Court dismissing the writ petition No.
As the appellant had been placed at serial No.
