Back
ANIL KSHETARPAL
Harvinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Anil Kshetarpal, J.
The experience during the last five months after having been assigned the roster of the Punjab Govt. Service shows more often than not the Punjab Public Service Commission, Punjab Subordinate Service Selection Board and the Departmental Selection Committees constituted by the Government or the Public Sector undertaking to take liberties to infringe the well settled legal position resulting in over burdening the dockets of the Courts. Driven by a painful experience of facing this situation on every Court working day this observation is being made. It is expected that the competent authorities at the highest level will take note of these observations in order to implement the steps to avoid chances of such occurrences at regular intervals.
2. Back to the facts. The petitioner while filing the writ of Certiorari to quash the selection and appointment of respondent no. 5 to 7 as the Assistant Directors in the Department of Sports, prays for issuance of a writ in the nature of Mandamus directing the respondent to consider him for the appointment.
3. The relevant facts, in brief, are required to be noticed in order to grasp the pivotal issue which requires adj
Point of Law : If such eligibility criteria are to be determined on the date of actual consideration, it would be an unending process as in the meantime, many more candidates would acquire the eligib....
Maintaining eligibility criteria and cut-off dates is crucial in recruitment to prevent arbitrary selection, and relaxation provisions must be explicitly reserved in rules.
The court established that candidates must provide clear evidence of relevant experience as per recruitment criteria, and subjective interpretations are not permissible.
The eligibility of any candidate is to be reckoned from the date of the selection and appointments made in contravention of the statutory provisions are void ab initio.
The completion of a diploma is on the date of declaration of results, and experience is computed from the date of receipt of the diploma certificate. The Court declined to issue a writ of certiorari ....
No additions/change being permitted.
Candidates who participate in the selection process without challenging the process are precluded from challenging the results.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
