IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.19695 of 2008 Date of Decision: July 23, 2009 Inderjit Kaur .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Gourave Bhayyia, Advocate, for the petitioner. Mr. B.S. Chahal, Deputy Advocate General, Punjab, for the respondents. . . . AJAI LAMBA, J (Oral) This civil writ petition has been filed under Article 226/227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the respondents to appoint the petitioner on the post of Auxiliary Nursing Midwife (for short, `ANM’) in the category of freedom fighter. It has been pleaded that the petitioner is eligible to be appointed as ANM. An advertisement (Annexure P-1) was issued by CWP No.19695 of 2008 [2] respondent No.2 advertising 514 posts of ANM Multipurpose Health Workers Women. The petitioner being ward of freedom fighter, applied in that category. In Para 4 of the petition, it has been pleaded that in District Ropar, there were total 59 vacancies as per the list of vacancies issued by the Punjab Health Corporation. Interview was held on 16.10.2008. 30 posts were to be filled from General category. Remaining 29 posts were to be filled from various reserved categories. The petitioner was informed by the Civil Surgeon, Rupnagar, that she cannot be appointed for the reason that no person can be appointed from the category of freedom fighter. Reply has been filed by way of affidavit of Dr. Arjan Singh Gill, Civil Surgeon, Ropar, on behalf of the respondents. In Para 2, the factual position in regard to the available posts is given which is reproduced hereunder:- “2. That National Rural Health Mission, Punjab working under the Department of Health and Family Welfare, Punjab advertised 514 posts of A.N.M. Multipurpose Health Workers Women under Central Govt. Scheme 2211 and 954 posts of M.P.H.W.(F) in Punjab State, out of which 22 posts of A.N.M. and 37 posts of M.P.H.W. (F) came in the share of District Ropar. The name of post of A.N.M. and M.P.H.W. (F) is same. Therefore, total vacant posts are 22+37 = 59. The appointments of A.N.M./ M.P.H.W. (F) on these posts are purely temporary and on contract basis. In Para 3 of the reply, stand taken CWP No.19695 of 2008 [3] on behalf of the respondents is, “The category-wise placement has been clearly mentioned in the Final Composite Merit List. The category of Freedom Fighter applied by the petitioner is at Serial No.63 of Final Composite Merit List for the interview of the candidates, therefore, the petitioner was to be only entitled for the selection in case there would be 63 or more than 63 vacant posts. From the perusal of the Merit List, it is crystal clear that the serial number of Freedom Fighter is at Serial No.63, therefore, the petitioner is not entitled for her selection”. It has been asserted on behalf of the respondents that reservation policy of the State of Punjab has been strictly followed. Resultantly, it has been pleaded on behalf of the respondents that only if there were 63 or more posts, a person from the category of freedom fighter could be considered, and because the petitioner belongs to that category, her cases for selection could not have been considered. Learned counsel for the petitioner has not placed any material on the record to indicate that infact the category of freedom fighter was required to be given representation as per the number of posts. Replication controverting the factual position has not been filed. Under the circumstances, it has to be concluded that no illegality has been committed by the respondents. In view of the stand taken by the CWP No.19695 of 2008 [4] respondents, no ground for interference is made out. The petition is dismissed. (AJAI LAMBA) July 23, 2009 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?