CWP No.542 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.542 of 2010 (O&M) Date of Decision: 26.08.2011 **** Sandeep Singh . . . . Petitioner VS. State of Punjab & Anr. . . . . 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. RK Arora, Advocate for the petitioner Ms. Sudeepti Sharma, DAG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner impugns the action of the respondents in cancelling his candidature for the post of Sub Divisional Engineer (Mech.). He also seeks quashing of the selection and appointment of Sub Divisional Engineer (Mechanical) in the reserved category of Scheduled Castes it being contrary to the reservation policy. (2). The respondents have filed an additional affidavit in terms of the order dated 10.08.2011 which is taken on record. The contents of the affidavit dated 19/26.08.2011 are to the following effect:- CWP No.542 of 2010.doc - 2 – “1. That in compliance with the orders of this Hon’ble Court dated 10.08.2011, the Commissioner has prepared the result of the petitioner and his merit is as under:- Sr. No. App.No . Name father’s name Date of Birth Category Grand Total 1. 3666 Sandeep Singh Joginder Singh 14.09.1984 77 62.11 2. That the Commissioner had sent a Combined Merit List of the Sub Divisional Engineer (Civil/Mechanical) vide its letter NO.RG/182/2010/A-11/9941 dated 19.10.2010 to the Government in the Department of Water Supply and Sanitation. 3. That the Government in the concerned Department being Appointing Authority has sought the original record of the 07 candidates for appointment for the post of Sub Divisional Engineer (Mechanical) out of which 06 candidates belong to General Category and one to the Backward Class Punjab Category. 4. That the Government has not sought the name or record of any candidate belonging to Scheduled Caste category for the post of Sub Divisional Engineer (Mechanical) so far. CWP No.542 of 2010.doc - 3 – 5. That as per the Combined Merit List the highest marks secured by a candidate for the post of Sub Divisional Engineer (Mechanical) of the Scheduled Caste category are 70.41 and his rank is 61, whereas the last candidate belonging to this category obtained the rank of 1089 securing minimum marks of 30.32.” (3). It would thus be seen that if one out of total 07 posts is assumed to be reserved for Scheduled Caste category, there are candidates much higher in merit than the petitioner who shall have a preferential right for appointment. (4). Dismissed. 26.08.2011 vishal shonkar (S u r y a K a n t) Judge