IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANIL KSHETARPAL, J.
Harvinder Singh – Petitioner
Versus
State of Punjab & Ors. – Respondents
CWP NO. 17436 of 2013 (O&M)
Decided On : 03-07-2023
| Table of Content |
|---|
| 1. eligibility criteria for assistant director position. (Para 2 , 3 , 4) |
| 2. court's analysis of cut-off date and procedural requirements. (Para 5 , 10 , 11 , 12 , 13) |
| 3. arguments regarding submission deadlines and eligibility. (Para 6 , 8 , 9) |
| 4. final conclusion on the writ petition and directions. (Para 14 , 15 , 16) |
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 adjudication. The recruitment notice to invite applications from the eligible candidates for recruitment to 13 posts of the Assistant Directors in the Department of Sport and Youth Services, Punjab, was issued on 09.04.2013. Clause (3), (5) and clause (e) of the Important Note reads as under:-
"3. Essential Qualifications
a) For candidates belonging to General category:
i) Should be M.A Second Division from a recognized University.
ii) Should be a Graduate of a recognized university with Social Science as one of the subjects. Provided that preference will be given to M.A in any subject of social sciences.
iii) Should have an experience of National Service Scheme or National Cadet Corps for a minimum period of two years.
Note: Preference will be given to those who have worked in the student's welfare, sports and cultural organization and youth welfare activities.
b) For Ex-Serviceman:-
i) Should be Graduate of a recognized University.
ii) Should have held a post not below the rank of Lieutenant in the Armed Forces of the Union and should have served as Commissioned Officer, for a minimum period of five years.
Provided that preference will be given to those persons who have served as an National Cadet Corps Officer for a minimum period of two years or National Service Scheme.
c) Punjabi of Matric or its equivalent standard.
Qualification of Punjabi is essential for these postsrelaxable for Sikh Migrants upto the extent that they will have to acquire such qualification within two years after joining the service failing which their services shall liable to be terminated). For this purpose a Matriculation or its equivalent certificate for having passed Punjabi will be necessary.
xxxxxx
5. Submission of Application Form:
Candidates May Downloadthe Application Form from the website www.ppsc.gov.inOR obtain the Application Form from the office of Punjab Public Service Commission, Baradari Gardens, Patiala w.e.f 12/04/2012and submit to the Secretary, Punjab Public Service Commission, Baradari Gardens, Patiala.
Application form must reach the office of Secretary, Punjab Public Service Commission, Patiala, latest by 5:00 pm on or before 14/05/2012 alongwith prescribed fee and documents. Responsibility for any postal delay will be that of the candidate.
Application forms that are wrongly filled or incomplete or received late, or not accompanied by the requisite fee and attested copies of certificates regarding Date of Birth, Degree, Matriculation Certi
Bedanga Talukdar v. Saifudaullah Khan (2011) 12 SCC 85
Charles K Skaria v. Dr. C.Mathew (1980) 2 SCC 752
Seema Kumar Sharma v. State of Himachal Pradesh 1998 (9) SCC 128
AI
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.
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