CWP No. 13556 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No. 13962 of 2008 and CWP No. 13556 of 2006 Date of Decision: 05.12. 2008 Deepika and others ...... Petitioners Versus State of Punjab and others ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari 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 Ms.Deepika, Advocate for the petitioners. Mr. Mukesh Berry, Addl.A.G., Punjab for respondents No.1 to 3. Mr.R.N.Raina, Advocate. **** Ajay Tewari, J. In this petition the petitioners had challenged the action of the Punjab Public Service Commission in holding them to be unsuitable to be appointed as members of the P.C.S. (Judicial) on account of their not having obtained necessary marks in the viva voce. The case of the petitioners is that the Commission has no jurisdiction to import something which cannot be supported by the statutory rules. Learned counsel for the petitioners has filed the instant miscellaneous application praying that this point is covered by two judgments, one of the Hon'ble Supreme Court in K. Manju Sree etc. v. State of Andhra Pradesh reported as JT 2008(2) SC 437 wherein the Hon'ble Supreme Court held CWP No. 13556 of 2006 2 that in the absence of a statutory provision of any minimum marks having been obtained in viva voce the Commission could not import the same. He has further relied upon a Division Bench decision of this Court in Anshul Kakkar and others v. State of Punjab etc. reported as 1996 (4) SCT 645 wherein this Court held that in the absence of any statutory sanction for the same the Commission did not have the jurisdiction to declare any candidate as unsuitable and its domain fell only up to the stage of determination of total merit and forwarding the same to the competent authority. Learned counsel for the respondents are not in a position to deny the applicability of these two judgements. In the circumstances this writ petition is allowed and the Punjab Public Service Commission is directed to forward the name of the petitioners in the order of merit for selection made in the year 2006 as per advertisement (Annexure P-1). The needful be done within a period of four weeks from the date of receipt of a certified copy of this order and subsequent to that the respondent No.2 will further consider this mater and pass appropriate order in terms of the two judgments mentioned above within a period of eight weeks thereafter. (AJAY TEWARI) JUDGE December 05, 2008 sunita