IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (I) CWP-14576-2022 Reserved on: April 09, 2025 Pronounced on : July 08, 2025 VIJAY SHARMA -PETITIONER V/S THE STATE OF PUNJAB AND ORS.

-RESPONDENTS (II) CWP-13768-2022 GURBAKSHISH SINGH SANDHU -PETITIONER V/S THE PUNJAB STATE SCHEDULED CASTES COMMISSION AND ORS.

-RESPONDENTS CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Ms. Supriya Garg, Advocate for the petitioner (in CWP-14576-2022).

Mr. R.S. Khosla, Sr. Advocate with Mr. Aman Sharma, Advocate for the petitioner (in CWP-13768-2022).

Mr. Pardeep Bajaj, D.A.G., Punjab.

Mr. T.S. Chauhan, Advocate with Mr. Karanpreet Singh, Advocate and Mr. Som Nath, Advocate for the respondent No.3 (in both writ petitions).

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KULDEEP TIWARI, J.

1. Both these writ petitions are amenable for being decided through a common verdict, on account of theirs enveloping a common prayer and a common issue for adjudication. For the sake of brevity and convenience, the facts are being extracted from CWP-14576-2022.

2. The hereinafter extracted directions, as embodied in the order/ letter dated 31.05.2022 drawn by the Punjab State Commission for Scheduled Castes (hereinafter referred to as the ‘Commission’), caused pain to the petitioner and consequently propelled him to institute thereagainst the instant writ petition.

“The commission desires that appropriate action should be taken against the accused and action taken report be submitted by the next date i.e. 13.06.2022 through the competent authority.”

3. Post the drawing of the impugned directions, FIR No.51 dated 11.06.2022, under Sections 3(1)(za)(E) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015) (hereinafter referred to as the ‘SC/ST Act’), Sections 420 and 120- B of the IPC, was registered against the petitioner at P.S. City Morinda, District Rupnagar. Therefore, prayer is also made for quashing all the legal proceedings, including the FIR, emanating from the impugned directions.

4. What emerges from perusal of the record available before this Court is that, the Co-ordinate Bench of this Court had, while issuing notice upon this writ petition on 12.07.2022, ordered the consequent proceedings arising out of the impugned order to remain stayed. Accordingly, the investigation of the FIR in question has also been stayed. 5. Before proceeding to gauge the validity of the impugned directions, it is deemed imperative to initially make a concise and compendious survey of the facts.

FACTUAL MATRIX

6. During the tenure of the petitioner as President, Municipal Council, Morinda, i.e. from 2008 to 2013, one post of ETT Teacher fell vacant upon the resignation of one Amandeep Singh. Consequently, the Municipal Council passed Agenda Item No.253 for filling up this post, and an advertisement for filling the post from amongst general category candidates was issued on 12.04.2011. The selection process for this post was carried out by a Six Member Selection Committee constituted as per Clause 5 of the Punjab Municipal Primary Teachers (Recruitment & Conditions of Service) Draft Rules, 2006. The petitioner, being President, was de facto Chairman of the Selection Committee. In pursuance of the advertisement, a total of 11 candidates applied for the post of ETT teacher, out of whom, one Mrs. Rajni Bala was selected by the Selection Committee for appointment. The copy of the merit list is appended as Annexure P-3.

7. Post completion of the petitioner’s tenure as President, Municipal Council, Morinda, the respondent No.3- Gurdhayan Singh filed a complaint before the Commission on 21.05.2015, alleging that the selection was done in violation of the roster point. It was alleged that, in order to prevent a member of Scheduled Castes from employment against the reserved post vacated by one Amandeep Singh, Scheduled Caste, and in order to accommodate Mrs. Rajni Bala wife of Mr. Rajneesh Sood (the then Accountant, Municipal Council Morinda), the petitioner connived with Mr. Ra