217

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

LPA-2177-2017 (O&M)

Date of decision:02.03.2023

AMANDEEP SINGH SIRARI AND ANOTHER

... Appellants

Versus

STATE OF PUNJAB AND ANOTHER

... Respondents

CORAM:

HON'BLE MR. JUSTICE M.S. RAMACHANDRA RAO,

HON'BLE MRS. JUSTICE SUKHVINDER KAUR.

Present:

Mr. R. K. Malik, Sr. Advocate with

Mr. Sandeep Dhull, Advocates

for the appellants.

Mr. Karanjit Singh, Addl. A.G., Punjab.

Mr. Anil Chawla, Advocate for respondent No.3-UOI.

****

M.S. RAMACHANDRA RAO, J. (ORAL)

CM-4776-LPA-2017

This application is filed by the appellants for condonation of delay of

08 days in filing the accompanying Appeal.

Notice in the application.

Mr. Karanjit Singh, Addl. A.G. Punjab accepts notice in the

application and states that he has no objection if this application is allowed.

Having regard to the reasons assigned in the application, and in view

of the fact that the learned State counsel has no objection if this application is

allowed, this application is allowed and the delay of 08 days in filing the

accompanying Appeal is condoned.

SONIA

2023.03.13 10:23

I attest to the accuracy and

integrity of this document

LPA-2177-2017 (O&M)

2

Main Case

This Letter Patent Appeal is preferred by the appellants challenging

the order of the learned Single Judge dated 05.09.2017 in CWP-3997-2016.

A total of 115 posts of Veterinary Officers were advertised by the

Punjab Service Commission through an advertisement dated 23.01.2014. The

appellants applied for the post of Veterinary Officers, appellant No.1 belongs to

the Scheduled Cast Category while appellant No.2 belongs to the B.C. Category.

They were interviewed on 19.11.2014, and thereafter the result of other

candidates was declared on 21.11.2014 and qua the appellants, there was a note

stating that as per Government Order No.32/19/2013.PP.8/3241 dated 04.08.2014

and No.32/19/13-PP8(9)/4253 dated 13.10.2014 result of certain candidates

including the appellants were to be declared on final confirmation from the

Government.

The candidates, whose result was declared, were allowed to join

their duties in the month of August, 2015.

The appellants contended that there were 51 Post of General

Category but only 35 were appointed; in Scheduled Caste Category total 17 posts

were advertised and 6 candidates were selected in the General Category, and 10

candidates were selected with the Scheduled Caste Category. According to the

appellants 07 Posts of Scheduled Caste Category were lying vacant. They further

contended that 10 posts of BC Category and 04 candidates of BC Category had

obtained higher marks than the last General Category candidates.

They also placed reliance on the judgment of the Supreme Court in

Apollo College of Veterinary Medicine Vs. Rajasthan State Veterinary Council

and Others (Civil Appeal No. 6842 of 2014 arising out of SLP (Civil) No.35057

of 2011 decided on 25.07.2014).

SONIA

2023.03.13 10:23

I attest to the accuracy and

integrity of this document

LPA-2177-2017 (O&M)

3

They contended that in case Reserved Category candidate had

obtained higher marks than the last selected candidates in the General Category,

then the Reserved Category candidate is to be accommodated in General

Category vacancy and next candidate in merit of Reservation Category is entitled

to be considered for appointment.

They therefore, filed the Writ Petition and sought a direction to the

respondents to treat all Reserved Category candidates who obtained higher marks

than the last General Category candidate in the General Category and to appoint

them as Veterinary Officer.

The learned Single Judge however, dismissed the Writ Petition on the

ground that appellant No.1 was at serial no.1 of the wait list in the Scheduled

Caste Category and appellant No.2 was at Sr. No.1 in the waiting list of the

Backward Caste Category; that their claim cannot be considered on the ground

that the degrees secured by them from the A