C.W.P.No.2668 of 2011 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.2668 of 2011 Date of decision: 14.2.2011 Balvir Singh ….Petitioner Vs. Punjab Public Service Commission and another ….Respondents CORAM: HON’BLE MR. JUSTICE JASWANT SINGH Present: Mr. B.S. Sewak, Advocate for the petitioners. Jaswant Singh, J By filing the instant petition under Article 226/227 of the Constitution, the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the list/result dated 31.12.2010 (P.2) of the short listed candidates belonging to Balmiki/Mazbi Sikh ESM Category (for short “B/M Sikh ESM”) for appearing in the Main Written Examination of PCS (Executive Branch) ; further prayer is for directing the respondent No.1- Punjab Public Service Commission (for short “PPSC”) to recast the merit list of short listed candidates for the aforesaid preliminary examination on the basis of instructions dated 14.5.1969 and 5.5.1970. It is stated that respondent No.1-Commission issued an advertisement dated 26.11.2009 (P.1) for recruitment of 143 posts including 38 posts of PCS (Executive Branch) amongst eligible candidates to be filled up through Punjab State Civil Services Combined Competitive Examination, 2009 (for short “2009 Examination”) in pursuance whereof, the petitioner applied for the post of PCS (Executive Branch). On being C.W.P.No.2668 of 2011 #2# found eligible, he was issued Roll No.1672428375 by respondent No.1- PPSC. The petitioner participated in the preliminary examination held on 19.12.2010 and result of the same was declared on 31.12.2010 (P.2) and the candidates were shortlisted (category-wise) for Main Written Examination by respondent No.1-PPSC. The cut off marks for different categories are mentioned in the list/result dated 31.12.2010 (P.2) and a perusal thereof reveals that for the category of B/M Sikh ESM (Category No.82), the cut off marks have been fixed as 88.591. Learned counsel for the petitioner argues that the PPSC while declaring the result dated 31.12.2010 (P.2) has fixed the cut off marks in respect of reserved category candidates i.e B/M Sikh ESM as 88.591, which is not permissible in view of the instructions dated 14.5.1969 and 5.5.1970 and in view of the law laid down by Hon'ble Supreme Court in the case of State of Punjab and others v. Manjit Singh and others AIR 2003 SC 4580. He further argues that the action of the PPSC-respondent No.1 while declaring only one candidate bearing Roll No.1672428511 eligible for the Main Written Examination against one post and ignoring the claim of the petitioner despite the fact that he is fully eligible is wholly illegal and arbitrary and as such liable to be set aside. After hearing learned counsel for the petitioner and perusing the paper book, this Court is not persuaded to accept the pleas raised on behalf of the petitioner due to the following reasons: It is not in dispute that respondent No.1-Commission issued an advertisement dated 26.11.2009 (P.1) for recruitment of 143 posts including 38 posts of PCS (Executive Branch) to be filled up through Competitive Examination and the petitioner participated in the preliminary examination C.W.P.No.2668 of 2011 #3# held on 19.12.2010. The result was declared on 31.12.2010 (P.2) and the candidates were shortlisted (category-wise) for Main Written Examination by respondent No.1-PPSC a perusal thereof reveals that for the category of B/M Sikh ESM (Category No.82), the cut off marks have been fixed as 88.591, the relevant of which reads thus: “B/M Sikh ESM, Punjab Category (82) Total Candidates= 1 Cut Off Marks= 88.591 1672428511” It is an admitted fact by the petitioner in para 6 of the writ petition itself that he secured 58.375 marks whereas the other candidates bearing Roll No.1672428511 belonging to B/M Sikh ESM, who was declared eligible for the Main Written Examination, secured 88.591 marks. The perusal of instructions dated 5.5.1970 as reproduced in paragraph 9 of the writ petition reveals that earlier instructions dated 14.5.1969 were clarified to the extent that the same are applicable only to the recruitments made through interview or other sources except the recruitments made through the Competitive Examinations and relevant paragraph 2 of these Instructions is extracted here in below: “2. In this connection, it is also clarified that the Directions issued vide Pb. Govt letter No.3925-6-S.W.-69/9778, dated 14.5.1969, are applicable on the recruitments made through interview or other sources except the recruitments made through the competitive examinations. For the posts, which are to be filled in through the competitive examinations, the candidates belonging to the Scheduled Castes and Backward Classes who will acquire the minimum prescribed standard of merit will be considered against the reserved posts and the completion of their suitability will be held amongst themselves.” It is also clarified in paragraph 3 of these instructions that as regards the question of filling up the vacancies by way of interview or some other sources is concerned, the direction mentioned in the letter dated C.W.P.No.2668 of 2011 #4# 14.5.1969 is quite clear to the effect that SC/BC possessing minimum qualification or experience should not be put to any test to check their suitability. It is further clarified that the Scheduled Caste Candidates can be put to test among themselves to ascertain the merit. Admittedly and undisputedly, the selection for the post of PCS (Executive Branch) alongwith other posts mentioned in the advertisement dated 26.11.2009 (P.1) are to be filled up through Competitive Examination and not merely by way of interview or some other source. Therefore, in view of the aforesaid instructions, the PPSC-respondent No.1 is fully justified while conducting the preliminary examination and fixing the cut off marks as 88.591 for B/M Sikh ESM and shortlisting the eligible candidate for main written examination and no fault can be found therein. So far as the Manjit Singh's case (supra) is concerned, the same is distinguishable on facts as in that case, the posts of 500 Medical Officers in PCMS (Class I) were advertised in the year 1997 and the prescribed mode of selection was only by way of interview of eligible candidates on the basis of their educational qualification and not on the basis of competitive examination as in the present case, therefore, the said judgment is not helpful to the petitioner. In view of the above, no interference is warranted under Article 226/227 of the Constitution to exercise the extraordinary jurisdiction by this Court. Dismissed. February 14, 2011 ( JASWANT SINGH ) manoj JUDGE