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2023 Supreme(P&H) 2411

ANIL KSHETARPAL
Rajbir Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
Mr. Akshay Bhan, Senior Advocate with Mr. Avikaran Bansal,Advocate; For the Petitioners in CWP-26338 of 2016.
Mr. Aminder Singh, Advocate; For the Petitioner in CWP-26338 of 2016.
Mr. Damanjit Singh Sandhu, Advocate; For the Petitioner in CWP-7997 of 2017.
Ms. Sushma Sharma, Advocate for Mr. Vijay Chaudhary, Advocate; For the Petitioner in CWP-8684 of 2017.
Mr. Amandeep Singh Rai, Advocate for petitioner no.1 in CWP-23709 of 2017.
Mr. Abhiraj Singh Baweja, Advocate for Mr. Harpal Singh Sirohi, Advocate; For the Petitioner in CWP-27207 of 2016.
Mr. Manish K Singla, Advocate; For the Petitioners in CWP-27471 of 2016.
Mr. Jaswinder Singh Rana, Advocate for Mr. Deepak Arora, Advocate; For the Petitioner in CWP-174 of 2017.
Mr. Saurabh Singla, Advocate for Mr. Pardeep Bajaj, Advocate; For the Petitioner in CWP-26017, 27473, 27481 and 27336 of 2016.
Mr. Lalit Goyal, Advocate; For the Petitioner in CWP-23709 of 2017.
Mr. D.S.Patwalia, Senior Advocate with Mr. Gaurav Rana, Advocate; For the Appellant-private respondents.
Mr. R.K.Kapoor, Addl.A.G., Punjab.
Ms. Anamika, Advocate for Respondent no.3.
Mr. J.S.Dhaliwal, Advocate and Mr. H.S.Mann, Advocate for Respondent no.4 in CWP-23709 of 2017.
Mr. Vikas Cuccria, Advocate, for Respondent nos. 82 and 83.
Ms. Lovepreet Handa, Advocate, for Mr. D.P.S.Randhawa, Advocate for Respondent no. 84.
Mr. Deepak Gupta, Advocate, for Respondent nos. 85 and 86 in CWP-

JUDGMENT

Anil Kshetarpal, J.

A batch of 18 connected writ petitions (details whereof are given at the foot of the judgment) has come up for final disposal. The learned counsel representing the parties have conceded that the issue is common in all the writ petitions and therefore, the Court can conveniently dispose of these writ petitions by a common judgment.

2. Once again, the issue of the candidates possessing higher qualifications than those specified in the recruitment notice is before the Court. The relevant facts, in brief, are required to be noticed in order to grasp the core issues involved in the case, which require adjudication.

3. The Department of Irrigation, Punjab, issued a recruitment notice inviting applications for recruiting 296 posts of the Junior Engineer (Civil) available in the Department. In the recruitment notice under the clause of educational qualifications, it was provided as under:-

"Name of Post

Eligibility

Junior Engineer (Civil)

Should possess three years Diploma of Junior Engineer in Civil Engineering from a State Technical Education Board or from a recognized University or Institution

Junior Engineer (Mechanical)

Should poss

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