C.W.P. No. 2092 of 2010 [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.W.P. No. 2092 of 2010 Date of Decision: Aug. 2, 2011 Gurcharan Singh ........................................ Petitioner Versus The State of Punjab and others ............... Respondents Coram: Hon'ble Ms. Justice Ritu Bahri 1.To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Mr. A.K.Walia, Advocate for the petitioner. Mr. Ram Lal Gupta, Addl. A.G. Punjab. ... RITU BAHRI, J. (Oral) Petitioner is seeking a writ of under Article 226/227 of the Constitution of India for directing the respondents to select the petitioner for B-1 test against the seat reserved for Scheduled Caste Category. Petitioner joined as Constable on 3.2.1992. In the year 2000, he was transferred to District Fatehgarh Sahib. Petitioner belongs to Scheduled Caste Category as per Certificate dated 28.6.1984 (Annexure P1). As per the Punjab C.W.P. No. 2092 of 2010 [ 2 ] Police Rules, a Constable is required to undergo lower school training course for promotion to the rank of Head Constable. For this purpose he has to qualify B-1 test which has been held in every district in the month of February and seats for the course are allotted to each district. Four seats were allotted to district Fatehgarh Sahib, out of which one seat was reserved for Scheduled Caste Category and three seats were for general category. Grievance of the petitioner is that as per the total marks obtained vide Annexure P2 in the test, one Jagdeep Singh, who belonged to reserved category was awarded 59.8 marks and was at No.3 in the merit. He was deputed against one seat reserved for Scheduled Caste Category. He should have been accommodated in the three seats reserved for General Category as he was at No.3 in the merit. By doing so, the Department has deprived the petitioner's chance of being referred under the reserved category. Out of the total merit-list of 10 candidates, petitioner was the only candidate after Shri Jagdeep Singh who could have been referred against the seat reserved for Scheduled Caste Category. In the reply filed by the respondents, the merit list has not been disputed. However, it has been stated that Shri Jagdeep Singh, who has secured 58.9 marks and was 3rd in the overall merit, was referred against the Scheduled Caste C.W.P. No. 2092 of 2010 [ 3 ] Category and petitioner, who has secured 52.9 marks and was lower in merit, was not entitled for the benefit in Scheduled Caste category. Counsel for the petitioner has referred to a judgment passed by this Court in C.W.P. No. 11851 of 2008 decided on 7.1.2009 (Major Singh v. State of Punjab and others) where exactly in the same situation this Court had come to the conclusion that if a reserved candidate gets higher marks then he should not be given the benefit of reservation rather he should be adjusted against the General Category. Learned counsel prays that the petitioner's case be considered afresh in view of the aforesaid judgment. The writ petition is allowed and it is directed that the petitioner be sent for the next Lower School Course in the next course which would being in October 2011. 2.8.2011 ( RITU BAHRI ) Rupi JUDGE