CWP No.14043 of 2008.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.14043 of 2008 Date of Decision: 04.03.2010 **** Tarsem Singh . . . . Petitioner 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: Dr. M.L. Sachdeva, Advocate for the petitioner Ms. Charu Tuli, Sr. DAG, Punjab for respondent-State ***** SURYA KANT J. (ORAL) (1). The petitioner seeks quashing of the order dated 16.04.2008 (Annexure P13), whereby, his claim for selection and consequential appointment to the post of Director Physical Education (Physical Training Master) in the Education Department, Government of Punjab, has been turned down. (2). Shorn of the details, it may be mentioned that the Subordinate Selection Services Board, Punjab (in short, the Board), vide advertisement dated 12.06.2006 (Annexure P6) invited applications for filling up 50 posts of DPE (Physical Training Master) out of which 25 posts were for male candidates and 25 posts for the female CWP No.14043 of 2008.doc - 2 – candidates. Out of 25 posts for the male candidates, 7 posts were reserved for Scheduled Castes candidates. (3). The petitioner, who indisputably possesses the requisite academic qualification and also belongs to the reserved category of Scheduled Caste (Mazbi Sikh), applied in response to the above-stated advertisement. However, his candidature was not considered in the reserved category for the reason that in the application form he did not disclose his sub-category of belonging to Mazbi Sikh/Balmiki though he had appended the Certificate of he being a Scheduled Caste and had also mentioned himself to be a Scheduled Caste candidate in the application form. Resultantly, a candidate lower in merit, namely, Rajinder Singh s/o Santokh Singh – respondent No.4 was selected and given appointment. The petitioners representation has also been turned down by passing the impugned order dated 16.04.2008 (Annexure P13). (4). Learned counsel for the parties have been heard and records perused. (5). There is no denial to the fact that in the application form, the petitioner specifically disclosed himself to be a Scheduled Caste candidate. The certificate that he belongs to Scheduled Caste of ‘Balmiki/Mazbi Sikh’ CWP No.14043 of 2008.doc - 3 – category has also been appended with the application form. The petitioner, however, did not mention his sub- category in the application form which has been taken as an ineligibility. (6). It is true that in the State of Punjab the posts reserved for Scheduled Caste candidates are further divided into two sub-categories, namely, 50% for ‘Balmiki/Mazbi Sikhs’ candidates and rest of the 50% for ‘Ramdasia Sikhs and Others’. The candidates are obviously asked to disclose their sub-categories for placement in the separate merit lists of each sub-category. (7). The moot question that arises for consideration is as to whether the petitioner had furnished the requisite and sufficient information to enable the authorities to consider him in the sub-category of Balmiki/Mazbi Sikh? In my considered view the fact that the petitioner disclosed himself to be a Scheduled Caste candidate was bound to prompt the concerned official/officer to verify and scrutinize his (petitioner’s) application form along with the Certificate of his being a Scheduled Caste candidate issued by the competent authority. The fact that the petitioner belongs to Balmiki/Mazbi Sikh caste is specifically mentioned in the Certificate. Thus, the respondents could have ascertained the sub-category of CWP No.14043 of 2008.doc - 4 – the petitioner amongst the Scheduled Castes candidates without making any extra efforts. An insignificant and inadvertent error of not disclosing his sub-category in the application form per se cannot take away the petitioner’s fundamental right for consideration for public employment in the reserved category to which he actually belongs. (8). On the asking of the Court, Ms. Charu Tuli, learned Sr. DAG, Punjab fairly states that if the petitioner were to be treated as a Balmiki/Mazbi Sikh Scheduled Caste, he is entitled to be placed above respondent No.4 in the order of merit. (9). For the reasons afore-mentioned, the writ petition is allowed; the impugned order dated 16.04.2008 (Annexure P13) is hereby quashed and respondent No.3 is directed to recommend the name of the petitioner for appointment to the post of DPE (Physical Training Master) within a period of one month from the date of receipt of a certified copy of this order and upon receipt of such recommendation, respondent No.2 shall appoint the petitioner forthwith but not beyond one month from the date of receipt of such recommendations. The petitioner shall also be entitled to seniority and notional pay fixation but no arrears shall be paid to him. CWP No.14043 of 2008.doc - 5 – (10). Ordinarily and as a consequence to the above given direction, the candidate who is immediate below in merit is required to be displaced so as to make room for the petitioner. However, it appears that several posts in the cadre of DPE Masters are lying vacant. In this view of the matter, respondent No.2 is directed to consider the claim of the respondent No.4 also for his retention in service sympathetically and not to displace him unless compelling circumstances so warrant. (11). Ordered accordingly. (12). Dasti . (SURYA KANT) JUDGE 04.03.2010 vishal shonkar