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2023 Supreme(P&H) 2418

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


Advocates Appeared:
Mr. Amit Singh Sethi and Mr. Ishwar Pratap Singh, Advocates; For the Petitioner (in CWP-28527 of 2017).
Mr. Sukhdev Kamboj, Advocate; For the Petitioner (in CWP-28358 of 2017).
Mr. L.S. Virk, Advocate; For the Petitioner (in CWP-22551 of 2017).
Mr. Harchand Singh Batth, Advocate; For the Petitioners (in CWP-12993 of 2019).
Mr. Vikas Mohan Gupta, Addl. A.G., Punjab.
Ms. Gurpreet Kaur, Advocate, for Mr. G.P.S.Bal, Advocate for the Respondent no.2 (in CWP-28527 of 2017).
Mr. R.K. Arora, Advocate, for the respondent no.6 to 9 & 11 to 14(in CWP-28527-2017) and for the respondent no.7 & 11 to 14 (in CWP-12993-20

Table of Content
1. fundamental facts of recruitment controversy. (Para 2 , 3 , 4 , 5)
2. legal challenges and court orders on selection process. (Para 6 , 7)
3. rules and instructions regarding sports gradation certificates. (Para 8 , 9 , 10 , 11 , 12 , 13)
4. allegation of failure by departmental selection committee. (Para 15 , 16 , 17)
5. arguments on rules and judicial precedents analyzed. (Para 18 , 19 , 20 , 21)
6. judgment quashing selection list and concluding order. (Para 23 , 24 , 25)

JUDGMENT

Mr. Anil Kshetarpal, J.

After having heard the learned counsel representing the parties at length and on perusal of the various paper books, this court is of the considered opinion that the following question arises for adjudication:-

    "Once it is established that the Departmental Selection Committee failed to follow the procedure laid down in the applicable rules and instructions for selecting the candidates claiming reservation under the category of Sports persons then whether the selection and consequential appointment of candidates is sustainable?"

2. In order to comprehend the controversy involved, it is imperative to acknowledge the fundamental facts involved.

3. The Department of Jails

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