JUDGMENT

Mr. Vinod S. Bhardwaj, J. (Oral)

The issues that arise for consideration in the present batch of writ petition relate to the power of executive to relax the rules of appointment under extra-ordinary/exceptional circumstances and the scope of judicial review by the High Court.

2. Both these writ petitions are being decided by a common judgement as they challenge the appointment of private respondent-Guriqbal Singh son of Tej Parkash Singh as Deputy Superintendent of Police in Punjab Police. The first writ petition i.e. CWP-23267-2017 raises a challenge to the appointment on the grounds of the same having been made in violation of the Punjab Police Services Rules, 1959 notwithstanding that the private respondent had crossed the eligibility age and also for the reason that the appointment being a compassionate appointment is invalid and illegal considering the financial and social status of the family. The second writ petition i.e. CWP-14246-2018 raises a challenge to the appointment on the ground that the Degree of Bachelor of Commerce held by the private respondent is not recognized.

3. Facts In Brief - CWP-23267-2017 :-

3.1 The petitioner claims to be a member of Khalra Mission Organization, Amritsar which was formed in the year 1995 and is working for the welfare of the victims of Anti-Sikh Riots. It is alleged that a large number of people were killed in extra judicial encounters by the police during regime of Ex-Chief Minister Beant Singh and the then D.G.P. K.P.S. Gill. One Jaswant Singh Khalra had collected the data from the cremation grounds and found that a large number of unclaimed & unidentified bodies were cremated by the Punjab Police. The Hon'ble Supreme Court of India ordered an inquiry to be conducted by the Central Bureau of Investigation which reported that about 2000 unclaimed bodies had been cremated during the said period. An inquiry was thereafter also conducted by the National Human Rights Commission and out of 2097 bodies shown as unidentified in the police encounters, 1513 bodies were eventually identified.

3.2 The petitioner, alongwith his father, two brothers and sister were allegedly picked up by the Deputy Superintendent of Police, Tarn Taran. Sister of the petitioner was however released on the intervention of the local people. All other members of the family of the petitioner were allegedly given beatings before releasing all except Gulshan Kumar. He was last seen till 21.07.1993, however, after 22.07.1993, the father of the petitioner was not allowed to meet Gulshan Kumar.

3.3 On 23.07.1993, family of the petitioner came to know about the death of Gulshan Kumar in Police encounter near Palasaur. The dead body was, however, not given to the family and the same was cremated as unclaimed.

3.4 It was alleged that Gulshan Kumar-the deceased brother of the petitioner had no connection with militancy and was killed in a fake encounter. It has also been averred that the respondent No.3-Guriqbal Singh is the grand son of Sardar Beant Singh, Ex-Chief Minister of Punjab and younger brother of the Member of Parliament Ravneet Bittu and cousin of Gurkirat Kohli-the MLA from Khanna.

3.5 It is submitted that the proposal to appoint the grandson of late Beant Singh i.e. the private respondent as Deputy Superintendent of Police on compassionate grounds has been initiated 22 years after the assassination of former Chief Minister. It is averred that the respondent No.3-Guriqbal Singh was ineligible for the appointment to the post of Deputy Superintendent of Police on the date when his case was initiated for recruitment and that the family did not suffer from any hardship considering the higher social, financial and political status of the family. It was stated in the application submitted by the Guriqbal Singh that since his grandfather was killed by militants for his tirade against militancy, he should be recruited as Deputy Superintenden