IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.14890 of 1989(O&M) Date of decision:02.09.2011 Surinder Kumar son of Hari Das, resident of Khudal Kalan, Tehsil Mansa, District Bhatinda. ...Petitioner versus The State of Punjab, through the Secretary to Government of Punjab, Home Department, Chandigarh, and others. ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: None for the petitioner. Mr. Navdeep Sukhna, DAG, Punjab. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? No. 3. Whether the judgment should be reported in the digest ? No. ---- K.Kannan, J. (Oral) 1. On 21.11.1989, a Division Bench of this Court had passed an order that the case could come up for arguments after hearing in CWP No.11516 of 1989. The said writ petition has been disposed of on 21.04.2009. The said order takes notice of the fact that, in terms of the judgment in Indira Sawhney Versus Union of India-1992 (6) SLR 321, out of 202 posts of Constables filled-up in the said selection, 50% posts including the ones in carry forward position, were required to be reserved for the members of SC and BC. The Court has taken note of the fact that some of the persons, who had been enlisted as eligible for Civil Writ Petition No.14890 of 1989(O&M) - 2 - appointment, did not ultimately join and some had been declared unfit or expelled for use of unfair means. The petitioner in that case, who was at Serial No.101, had been found to have been appointed w.e.f. 09.01.1990. This appointment was by virtue of an interim order and the said interim order was confirmed by finding that he would fall within the quota available for SC and BC. 2. Applying the said decision, the challenge contained in the writ petition that there could not be a reservation for SC and BC in excess of 20%, cannot be justified. If he falls within the 50% open general category, the petitioner would be entitled to consideration for appointment. The petitioner is reported to have been placed at Serial No.74. If a candidate at Serial No.101 could be directed to be appointed, I would hold that a candidate, who was placed at Serial No.74, shall also have the benefit of appointment in terms of the judgment in CWP No.10419 of 1989. I have not the benefit of assistance of representing the petitioner's present status of whether he was later employed or whether he is in a position to report for employment. If he takes the benefit of this order, he shall undergo physical fitness and if found eligible, shall be considered for being issued with an order of appointment. However, the appointment will take effect only from the date with he reports for employment. 3. The writ petition is disposed of as above. (K. KANNAN) JUDGE 02.09.2011 sanjeev