The main legal point established in the judgment is that the competent authority's decision to revert the petitioner for failing the examination was justified under the relevant Rules, and the petitioner was not discriminated against.

Sham Sunder, J.

1. The petitioner was initially appointed as Inspector, Cooperative Societies vide order dated 11.4.1975, and he joined his duties on 15.4.1975. Thereafter, he was promoted as Assistant Registrar, vide order dated 4.5.2001 (Annexure P-2). The petitioner is governed by the Punjab State Co-operative Service Class II Rules, 1958. According to Rule 9(b) every member of the service, shall unless exempted by the Government, pass by the higher standard the departmental examination, in accounts, within a period of two years, which is further extendable by the Government. It was stated that under Rule 13 of the said Rules, relaxation can be given, in case of women candidates, and under Rule 17, the Government is vested with the general power, to relax the operation of any of the Rules, in case the same causes, hardship, in any particular case. It was further stated that the petitioner met with an accident, and suffered multiple injuries, on his body. Resultantly, his disability was more than 40%. In this respect, a certificate dated 20.3.2001 (Annexure P-3) was issued by the office of the Civil Surgeon, Patiala. It was further stated that the petitioner having suffered injuries, he being a natural left-hander, was unable to undertake the departmental examination, as his hand was very slow, in writing, and the grip was also very weak. The petitioner was given one more year, by extending the period for passing the departmental examination, in accounts. Since the petitioner could not write better and appear in the examination, even after the extended period, he moved an application on 27.5.2004 to the Registrar Co-operative Societies, Punjab, seeking exemption from passing the aforesaid examination. The Finance and Co-operation Minister, Punjab, approved the request of the petitioner, taking into consideration his record and the medical report, vide order dated 27.5.2004. Since the concerned Minister approved the request, the formal order was to be passed by respondent No. 3, in this regard. After the approval was granted by the Government, and the Minister In-charge, the petitioner was never heard by the concerned authorities though he was expecting the formal orders, regarding exemption. It was further stated that without granting any opportunity of hearing, and without looking into the facts of the case of the petitioner, as also the medical certificate, produced by him, he was reverted vide order dated 29.7.2004 (Annexure P-7). It was further stated that one Darshan Singh, who was promoted to the post of Assistant Registrar, from the post of Inspector on 29.5.2001, also suffered from an ailment and by relaxing the operation of Rules, he was exempted from passing the departmental examination. One more officer, in the name of Darshan Singh was also granted exemption from passing the departmental examination. It was further stated that the order of reversion of the petitioner, was illegal, un-constitutional and in violation of the principles of natural justice, that the respondents adopted a policy of pick and choose, by interpreting Rule 17 of the Rules ibid, and thereby the petitioner was discriminated vis-a-vis the similarly situated persons. Accordingly, the instant petition, for issuance of a writ, in the nature of certiorari, setting aside the order dated 29.7.2004 (Annexure P-7) was filed.

2. The respondents, in their written statement, admitted that the petitioner was appointed as Inspector. It was also admitted that he was promoted as Assistant Registrar. It was stated that the petitioner was governed by the Punjab State Cooperative Service Class II Rules, 1958, and the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994. It was stated that an application dated 24.2.2003 was submitted by the petitioner to the respondents seeking exemption from passing the departmental examination on medical grounds. Along with this application, he submitted a medical certificate issued by the Civi