CWP No.5194 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.5194 of 2009(O&M) Date of Decision: 28.04.2010 **** Ravinder Singh and another . . . . 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. S.S. Rangi, Advocate for the petitioners Mr. B.S. Chahal, DAG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioners belong to the reserved category of Backward Classes. Their grievance appears to be that the general category candidates who are lower in merit than the petitioners have been offered appointment(s), against the open category posts ignoring the claim of the petitioners who by virtue of their higher merit are entitled to be treated as open category candidate(s). (2). Though the respondents have controverted the petitioners’ allegations, learned counsel for the petitioners still insist that such appointments have been actually made though no such instance has been CWP No.5194 of 2009.doc - 2 – disclosed by the petitioner nor the appointed candidates have been impleaded as party respondents. (3). Be that as it may, the law is well-settled that a candidate belonging to the reserved category, if higher in merit than the general category candidate, is entitled to be treated as open category candidate and the consequential vacancy will go to the next reserved category candidate in order of merit. (4). This writ petition is accordingly disposed of with liberty to the petitioners to represent before the competent authority giving instances of the candidates alleged to be lower in merit and have been offered appointments. As and when such a representation is made, the competent authority is directed to consider the same in accordance with law within a period of two months from the date of its receipt and take appropriate action within the stipulated period. (5). Ordered accordingly. (6). Dasti . (SURYA KANT) JUDGE 28.04.2010 vishal shonkar