JUDGMENT

Tejinder Singh Dhindsa, J. - Matter has been taken up through Video Conferencing via Webex facility in the light of the COVID-19 situation and as per instructions.

2. Petitioner seeks a writ of Mandamus for directing the respondent authorities to consider the candidature of the petitioner for the post of Pharmacist (Pharmacy Officer) under the reserved ESM (General Category) instead of the General Category.

3. Counsel for the petitioner has been heard at length and pleadings on record have been perused.

4. Facts of the case lie in a very narrow compass. The Department of Health and Family Welfare Punjab issued an advertisement dated 06.08.2020 inviting applications for filling up 482 posts of Pharmacist (Pharmacy Officer). Out of these 34 posts were reserved for ESM General Category. Last date for submission of online application was 06.10.2020 but the same was extended from time to time and upto 13.09.2020. The petitioner is stated to have submitted his online application on 25.08.2020 under the General Category. The scheme of selection included a written examination which was conducted on 11.10.2020 at Baba Farid University of Health Sciences, Faridkot. Petitioner duly appeared in the written examination and the result of which was declared on 13.10.2020 and the petitioner secured 31 marks out of 90.

5. The entire case projected on behalf of the petitioner is that on account of an inadvertent error he had submitted his online application under the General Category whereas he actually belongs to the ESM General Category. Counsel contends that against the 34 posts reserved for ESM General Category only 12 candidates had applied and had got selected. The last candidate whose name appears at Sr.No.12 has secured 30.75 marks out of 90 whereas the petitioner had secured 31 marks. It is argued that in spite of filing representations immediately to the respondent authorities and prior to the process of counselling, his request to be considered under the ESM General Category as opposed to the General Category has not been entertained. Counsel further urges that a number of posts under the reserved ESM General Category are still lying vacant and as such it would cause no prejudice to anybody if his request was to be entertained.

6. In the considered view of this Court the prayer of the petitioner cannot be accepted.

7. Even though copy of the advertisement in response to which the petitioner had applied to the post has not been appended, yet Mr.Suveer Sheokand, learned Additional Advocate General, Punjab had been requested to furnish a copy thereof. Learned State counsel has forwarded on the WhatsApp Group a copy of the advertisement and in the terms and conditions contained therein condition No.5 reads in the following terms :-

"Candidates should select their categories carefully, because candidates belonging to categories other than General Category are entitled to fee concession/exemption, age relaxation and job reservation. The Category once selected/filled will not be changed under any circumstances. Candidates shall submit certificates issued by the Competent Authority in support of their claim to a particular category."

8. Essentially the claim of the petitioner is for change of category. He had concededly submitted his online application form against the General Category. Placed on record at Annexure P-3 is the proforma of the online form submitted to Baba Farid University of Health Sciences, Faridkot and in which also it has been clarified that the post and category can't be edited after submission, So select it carefully. Further more, at Annexure P-4 is the Admit Card issued by Baba Farid University of Health Sciences, Faridkot and on the basis of which the petitioner had participated in the written examination for the post of Pharmacist (Pharmacy Officer). The admit card also mentioned the category of the petitioner as General.

9. Facts of the case clearly demonstrate that the petitioner had applied for the post in