2023 Supreme(P&H) 2152
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURVINDER SINGH GILL, J.
Balwant Singh – Petitioner
Versus
State of Punjab & Ors. – Respondents
CWP-15348 of 2016 (O&M)
Decided On : 07-08-2023
Mr. G.S. Sidhu, Advocate with Mr. Mohit Kumar, Advocate; For the Petitioner
Mr. Aman Dhir, DAG, Punjab.
Mr. Arshdeep, Advocate for Mr. Manbir Singh, Advocate and Mr. Tushar Sharma, Advocate for Respondent No.4.
Headnote:(A) Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006 - Section 4 - Quashing of revised selection list - Petitioner challenged omission from selection list after a mistake was identified in earlier merit list - Respondent-state contended that correct reservation provisions were subsequently applied. (Paras 3, 4, 5)
(B) Administrative Discretion - The initial listing did not confer any rights on the petitioner - Rectification of a previously erroneous merit list based on statutory provisions does not amount to arbitrary action. (Paras 3, 5)
Facts of the case:
The petitioner was excluded from the selection list due to an error in applying reservation categories which was later corrected as per statutory requirements. Petitioner scored fewer marks than the last selected candidate in the relevant sub-categories.
Findings of Court:
The action of the state in revising the selection list was lawful and in compliance with the statutory reservation provisions.
Issues: Whether the revised merit list was justified and if the petitioner had any legitimate claim to inclusion after the error was identified.
Ratio Decidendi: The court held that correcting an earlier mistake in the reservation composition is not arbitrary, and previous inclusion based on errors does not create entitlement.
Result: Petition dismissed.
| Table of Content |
|---|
| 1. petitioner seeks to quash revised result (Para 1) |
| 2. petitioner's name removed arbitrarily (Para 2) |
| 3. state counters petitioner's claim (Para 3) |
| 4. provisions of the reservation act highlighted (Para 4) |
| 5. error in merit list rectified per act (Para 5) |
JUDGMENT
Mr. Gurvinder Singh Gill, J. (Oral)
The petitioner seeks quashing of order dated 19.2.2015 (Annexure P-2) vide which revised result was declared, wherein the name of petitioner was missing although the name of petitioner figured in the earlier selection list dated 19.11.2014.
2. Learned counsel representing the petitioner submitted that the name of petitioner has been removed from the list of selected candidates without assigning any reason and in an arbitrary manner and even without issuing any notice to the petitioner.
3. Opposing the petition, learned State counsel has submitted that the mere publishing of the result would not confer any right on the petitioner particularly in case the said result is revised upon some mistake having been noticed, as in the present case. The learned State counsel has referred to relevant extracts from para No.1 of preliminary submissions and para No.2 of reply on merits filed on behalf of the respondents, which read as under:
"Para No.1 of preliminary submissions
............The name of the petitioner along with the other candidates were included in the list of selected candidates in Scheduled Caste Category and thereafter individual letters were issued. It is relevant to mention here that after the issuance of letters for Medical Examination, an inadvertent mistake in the preparation of merit list of Majhbi/Balmiki and Ramdasia/Others, sub-categories of SC Category was detected. Instead of 50:50 ratio of sub-categories as per Punjab Schedule Caste and Backward Classes Reservation in Service Act 2006, the merit list had been prepared purely on merit of SC category candidates without further bifurcation into the sub-categories. After rectification, a fresh list was prepared, as per the Punjab Schedule Caste and Backward Classes Reservation in Service Act 2006 and the same was uploaded on official website of Punjab Police Academy Phillaur i.e www.punjabpoliceacademy.com after the approval of the Director, Punjab Police Academy, Phillaur.
Para No.2 of reply on merits
2. That the contents of para No.2 are admitted being matter of record. However, it is pertinent to mention here that Annexure P-1 was issued but later on an inadvertent mistake was detected and it was found that the merit list was not prepared as per Punjab Schedule Caste and Backward Classes Reservation in Service Act 2006. After rectification, another result list of Scheduled Caste Category was issued as per Punjab Schedule Caste and Backward Classes Reservation in Service Act 2006 and that the petitioner was duly informed regarding above said fact vide letter No.7818/A-4 dated 19.2.2015. It is also pertinent to mention here that the petitioner Sh. Balwant Singh having Roll No.16652 with total score 70 out of 100 marks had scored fewer marks than the last candidate Sh. Ranjit Singh having roll No.1959 with total score 71 marks out of 100 marks who h ad been selected in the Ramdasia/Others subcategory of SC category. There are candidates in the waiting list of Ramdasia/other sub category of SC category. The Annexure R-2 enclosed with the reply shows that the petitioner stands at serial No.3 in the waiting list. It is also pertinent to mention here that no candidate has been selected from waiting list of Ramdasis/other sub category of SC category. The rest of the para is denied being wrong."
4. Section 4 of The Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006 (hereinafter referred to as 'the Act') clearly provides for the distribution of the vacancies in category of Scheduled Caste in Sub-categories. While 50% of the posts are to be given to Balmiki's and Majhbi Sikhs in the first preference, the remaining are to be given to Ramdasia