ORDER

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 consideration in these petitions filed under Article 32 of the Constitution.

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 break up of the posts advertised by the Commission was as under:

General 47

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Scheduled Castes, Punjab. 9

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Scheduled Castes, Ex-servicemen/Lineal Descendent of Ex-servicemen, Punjab. 2

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Balmiki/Mazhbi Sikh, Punjab. 18 | (Backlog 08)

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Balmiki/Mazhbi Sikhs ESM/LDESM, Punjab.4 | (Backlog 02)

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Backward Classes, Punjab. 9

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Backward Classes, Ex-servicemen/Lineal Descendent of Ex-servicemen, Punjab. 3 | (Backlog 01)

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Ex-servicemen/Lineal Descendent of Ex-servicemen, Punjab. 9 | (Backlog 03)

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Physically Handicapped, Punjab. 4 | (Backlog 02)

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Freedom Fighter, Punjab. 1

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Sports Person, Punjab. 4 | (Backlog 02)

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The petitioners, who belong to general category, applied for recruitment against the general category posts. In the select list prepared by the Commission, the names of the petitioners were shown at serial Nos. 49, 50, 51, 53 and 54. However, their names were not 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. From the reserved categories, only 27 candidates were selected and they were appointed against the posts earmarked for their respective categories.

Ms. Mohini (Serial No.31 in the select list), who was appointed against a general category post, did not join and in her place Ms. Parul (Serial No.48) was appointed. 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. 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. The posts vacated by them were not filled and were included in the advertisement issued in 2012.

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. The concerned authority accepted their request and issued order dated 26.9.2012 for de-reservation of 5 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. Immediately thereafter, the petitioners were sent for medical examination and all of them were found fit. The Government of Punjab sent communications to the High Court for the petitioners’ appointment against the vacant posts but the High Court did not agree and vide letter dated 10.12.2012, the Registrar General o