CWP-25328-2024(O&M) - -

215+104 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-25328-2024(O&M)

Date of decision: 28.11.2025 Akshay Kumar ... Petitioner Versus Punjab State Power Corporation Ltd. and others ... Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. R.S. Malik, Advocate for the petitioner.

Mr. Gagneshawar Walia, Advocate for respondents No.1 and 2.

Mr. Ankush Dogra, Advocate for Mr. M.K. Dogra, Advocate for respondents No.3 to 5.

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HARPREET SINGH BRAR, J. (Oral)

CM-17554-CWP-2025

1. The present application has been filed under Section 151 of the Code of Civil Procedure, 1908 for placing on record written statement on behalf of respondents No.3 to 5.

2. In view of the grounds mentioned in the application, the same is allowed as prayed for, subject to all just exceptions. Written statement on behalf of respondents No.3 to 5 is order to be taken on record.

3. Registry is directed to place the same at the appropriate place.

CWP-25328-2024

1. The present petition has been filed under Articles 226/227 of the of impugned selection list dated 19.09.2024(Annexure P-15) vide which the petitioner has not been selected for the post of Assistant Engineer under the Backward Class (BC) category by respondent-PSPCL as well as selection of respondents No.3 to 5, who have been selected in spite of being lower in merit.

2. Learned counsel for the petitioner contends that the forefathers of the petitioner hail from the State of Bihar. The father of the petitioner came to the State of Punjab after marriage and settled in Ludhaina where the petitioner was born on 27.02.1998. The petitioner was also issued a Domicile Certificate dated 04.01.2024 (Annexure P-7). Moreover, the Tehsildar, Ludhiana Central also issued a BC Certificate dated 12.06.2017(Annexure P-8) to him as he belongs to the Barai community, which is recognised as a Backward Class in the State of Punjab under notification dated 09/23.12.1959. In fact, for the purpose of recruitment, after due reverification of documents, the petitioner also got a fresh Caste Certificate dated 16.09.2024 (Annexure P-9) issued by the concerned Tehsildar. The petitioner had also applied for Other Backward Class (OBC) certificate, which was issued to him on 01.01.2024 (Annexure P-10) as the Barai community is recognised as OBC under notification dated 10.09.1993 issued by the Government of India.

3. Thus, it is clear that the petitioner belongs to BC category under which he applied to the post of Assistant Engineer/OT (Electrical) in the discipline of Mechanical with respondent-PSPCL. He scored 33.67 marks in GATE while the cut-off for BC category was set at 25.70. The petitioner was not selected even though he stood fifth against the six available posts, ranking higher than the selected candidates- respondents No.3 to 5 who had scored

31.67, 31.00 and 30.67 respectively.

that the petitioner is not eligible for consideration for recruitment under the BC category. The petitioner stood at serial no.20 in the combined merit list and serial no.6 with respect to BC category. Accordingly, he was called for document verification on 22.08.2024. The petitioner submitted a self- declaration stating that he has been a permanent resident of the State of Punjab since his birth in 1998 while his father had migrated from the State of Bihar in the year 1994. This declaration was also seen by a representative of District Welfare Department, Punjab. However, on the same day, he replaced this self- declaration with a new one wherein it was stated that his father has been a permanent resident since the year 1969 and his grandfather since the year 1948. The petitioner has also failed to prove the fact of him belonging to the BC category by relating it back to the State of Bihar and only current documents were produced. As such, it is not proved that the petitioner belongs to the Barai community and thereby a Backward Class. Moreover, as per instructions issued by means of letter dated 12.09.2023