CWP No.17522 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.17522 of 2009(O&M) Date of Decision: 28.04.2010 **** Simarjeet Singh and others . . . . Petitioners VS. State of Punjab and others . . . . 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. Sudeep Mahajan, Advocate for the petitioners Ms. Charu Tuli, Sr. DAG, Punjab ***** SURYA KANT J. (ORAL) (1). The petitioners seek quashing of the order dated 15.10.2009 (Annexure P14) whereby the Director, Technical Education and Industrial Training Punjab has cancelled the selections and appointments to various Class-IV posts made by the Principal, Government Polytechnic Institute, Guru Teg Bahadurgarh, District Moga. (2). In their counter-affidavit, the official respondents have explained that in terms of the Government instructions dated 21.01.1997 (Annexure R1) a District Level CWP No.17522 of 2009.doc - 2 – Committee comprising the following was required to be constituted to make the recruitments:- DISTRICT LEVEL COMMITTEE i. Appointing Authority/Head of Institution Chairman ii. Representative of DC or his nominee not below the rank of Class-I officer will represent Department of Personnel and Administrative Reforms Member iii. Representative of the Department of Sainik Welfare and Defence Services Member iv. Representative of the Department of Welfare Member (3). It is averred that without constituting such a Committee, the Principal of the Institute associated two Heads of Departments from the Institute as members of the Selection Committee and finalised the selection process. On an enquiry, it has been found that the selection process suffers with the following serious irregularities:-  “No written test was taken as per Govt. Instructions rather in place of test only resume was got written from the candidates.  No Govt. instructions were followed regarding reservation.  Applications were not short-listed as per Govt. Instructions.  On the basis of basic qualifications 8th and 10th class the 30/30 marks were allotted to the 1st division/2nd division/3rd division pass candidates without making any difference. CWP No.17522 of 2009.doc - 3 –  The selection candidates were given more marks in resume and interview than the candidates having higher qualifications.  The work of interviewing about 600 candidates, writing resume, checking of resume, attendance etc. was completed within 5-6 hours on the date of selection i.e. 01.10.2009 and appointment letters were also issued on the same day, whereas the expert associated with the selection Smt. Baljit Kaur, Superintendent, Govt. Polytechnic College for Girls (Patiala) signed the selection note on 03.10.2009.” (4). That being the state of affairs, in my considered view, no fault can be found with the impugned order. The challenge to the said order is accordingly turned down. (5). Learned counsel for the petitioner, however, appears to be right in contending that the vacant posts are required to be filled in urgently for the smooth running of the Institute and a fresh selection process can be immediately started in accordance with the Government instructions dated 21.01.1997 (Annexure R1). (6). The writ petition is accordingly disposed of with a direction to respondent No.2 to endeavour that a properly-constituted Selection Committee initiates the selection process as early as possible and preferably within three months from the date of receipt of a certified copy of this order. Needless to say that the petitioners CWP No.17522 of 2009.doc - 4 – shall also be considered by the Selection Committee in accordance with law and subject to their eligibility. (7). Ordered accordingly. (8). Dasti . (SURYA KANT) JUDGE 28.04.2010 vishal shonkar