IMPORTANT POINT
Reservation – Eligibility criteria for being placed in select list, notified at commencement of recruitment process, cannot be changed midway through recruitment process unless extant Rules so permit.

JUDGMENT :

SUDHANSHU DHULIA, J.

1. Leave granted.

2. By way of the present appeal, the appellant challenges an order of the Division Bench of the Punjab and Haryana High Court at Chandigarh passed on 18.07.2023.

3. This appeal involves the question of reservations of posts in the government services of the State of Punjab; including reservation for women. It is necessary here to elaborate upon some essential facts of this case in order to better appreciate the controversy before us. These facts are as follows:

a. On the basis of a requisition issued by the State government on 17.04.2020, the Respondent no. 4-Punjab Public Service Commission (‘Public Service Commission’) issued advertisement no. 08 on 04.06.2020 for recruitment to 77 posts in the State government services through the Punjab State Civil Services Combined Competitive Examination-2020. This included the 26 posts of Deputy Superintendent of Police (‘DSP’) with which we are presently concerned. The preliminary examination was tentatively scheduled for September 2020 while the last date for submitting online applications was fixed as 30.06.2020.

b. In this advertisement, which is advertisement no.08, some seats were reserved for members of the SC community. For our purposes, it is relevant that a total of two vacancies were advertised for ‘Scheduled Caste Sports’-one for DSP and the other for Deputy Superintendent (Jails)/District Probation Officer (‘DSJ/DPO’).

c. Respondent no. 5 herein (‘private respondent’) applied in the ‘Scheduled Caste Sports’ category on 09.06.2020. Appellant too had applied as SC Sports candidate.

d. Meanwhile, on 21.10.2020, the Punjab Civil Services (Reservation of Posts for Women) Rules, 2020 (‘2020 Rules’)were made and notified.

e. These Rules are applicable to all posts to be filled by direct recruitment in all government establishments in Groups A, B, C, D services, and importantly it provided for 33% reservation for women in all posts. Under the 2020 Rules, this reservation is to be horizontal and compartmentalized, which means reservation within each category of Scheduled Castes, Scheduled Tribes, Backward Classes, Other Backward Classes, Economically Weaker Sections, and Open Category. Sub-rule 5 of the 2020 Rules provides for the procedure for reservation of posts.

f. In light of the notification of the 2020 Rules, the State government withdrew its requisition dated 17.04.2020, on which was based the advertisement no.08 dated 04.06.2020, which was issued by the Public Service Commission. The reason being that now a fresh requisition would have to be now issued in compliance with the 2020 Rules, which mandated 33% reservation for women. As a result, on 08.12.2020, the State government wrote to the Public Service Commission asking for the withdrawal of advertisement no.08 dated 04.06.2020 (a public notice with respect to withdrawal of the advertisement no.08 was issued by the Public Service Commission on the very next day i.e. 09.12.2020).

g. On 11.12.2020, the Public Service Commission issued a new advertisement which is advertisement no.14. However, there was a material difference when it comes to reservations for the ‘SC Sports’ category. This time, only one post for ‘SC Sports’ was available, but this was now for the post of Deputy Superintendent (Jails)/DPO. Thereafter, one DSP post was reserved for ‘SC Sports (Women)’, a category which was created pursuant to the 2020 Rules.

h. It is pertinent to note that in accordance with the decision taken to avoid undue inconvenience to such candidates who had applied earlier under the previous advertisement no.08 (04.06.2020), it was decided that such candidates need not apply afresh under the new advertisement no.14 (11.12.2020), and their earlier applications would be considered.

i. The last date for submitting applications in terms of fresh advertisement no.14 was 30.12.2020.

j. On 29.12.2020, an amendment was made to the 2020 Rules which provided for 33% reservation for women as per the roster syst