HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.12072 of 2010 (O&M) Date of Decision: 04.02.2011 **** Maninder Singh . . . . Petitioner VS. Punjab State Electricity Board & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Rajiv Atma Ram, Senior Advocate with Mr. Nikhil K Chopra, Advocate for the petitioner Mr. HS Grewal, Advocate for respondents No.1&2 Mr. Sumeet Puri, Advocate for respondent No.5 ***** SURYA KANT J. (ORAL) (1). The petitioner seeks a mandamus to direct the official respondents for his appointment to the post of Assistant Engineer (Electronics and Communication) with effect from the date when other selected candidates have been given appointment. (2). Suffice it to mention here that 15 posts of Assistant Engineers were advertised on 12.01.2009 out of which one post was reserved for Backward Class category as per the reservation policy. The petitioner belongs to the Backward Class Category. He also applied and competed for the said CWP No.12072 of 2010 conversion from reserved to open.doc - 2 – post. The petitioner overall got 77 marks in the final selection list and having been denied appointment has approached this Court. (3). The undisputed facts are that a candidate, namely, Ranjan also belongs to the Backward Class category who has secured 80 marks. It is also not in dispute that the last three candidates from the General/Open category, who have got appointment, secured 78 marks each. The petitioner’s precise contention is that since the marks secured by another Backward Class category candidate, namely, Ranjan are more than the marks got by three candidates in the General/Open category, that Ranjan is entitled to be treated as an Open category candidate and the resultant vacancy reserved for the Backward Class category deserves to be offered to the next candidate in order of merit belonging to the said reserved category. The petitioner is, admittedly, the next candidate in the order of merit amongst the Backward Class candidates. (4). The legal position is well-settled that a candidate belonging to the reserved category, if secures marks higher than the last candidate of the Open Category who has been given appointment, such reserved category candidate shall be treated in the Open Category and shall not occupy the reserve point. Reference in this regard may be made to the 2 CWP No.12072 of 2010 conversion from reserved to open.doc - 3 – decisions of the Hon’ble Supreme Court in (i) Indra Sawhney v. Union of India, (1992) Suppl.(3) SCC 217; (ii) RK Sabharwal and others v. State of Punjab & Ors., (1995) 2 SCC 745; and (iii) Ritesh R. Sah v. Dr.YL Yamul, (1996) 3 SCC 253; as well as by this Court in Jaskaran Singh v. State of Punjab, 1995(2)SCT 65. (5). While calling upon the respondents, one post of Assistant Engineer (Electronics and Communication) was directed to be kept reserved for the petitioner. (6). For the reasons afore-stated, the writ petition is allowed and it is directed that the candidate who has got highest marks in the Backward Class category shall be treated in the Open Category as candidates with less marks in the Open Category has got appointment and the resultant vacancy reserved for the Backward Class category shall be filled in by offering appointment to the petitioner, who is stated to be the next candidate in the order of merit. (7). The needful shall be done within a period of one month from the date of receipt of a certified copy of this order. (8). Needless to say that the petitioner shall be entitled to appointment notionally from the date of appointment of other selected candidates but without any arrears of pay. (9). Ordered accordingly. Dasti. 3 CWP No.12072 of 2010 conversion from reserved to open.doc - 4 – 04.02.2011 vishal shonkar (S u r y a K a n t) Judge 4