1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 21429 of 2010 Date of decision:- 13.12.2010 Bhushan Kumar son of Lakshvir Garg, r/o H. No. 2338, Subhash Nagar, Street No. 3, Gidderbaha, District Muktsar, Punjab. ......Petitioner Vs Punjab Public Service Commissioner, Baradari Garden, Patiala, through its Chairman. ......Respondent CORAM:-HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE AJAY TEWARI Present: Mr. Sanjiv Pandit, Advocate, for the petitioner. Mr. Rupinder Khosla, Additional Advocate General, Punjab, for the respondent. * * * * RANJAN GOGOI, J (ORAL) The writ petitioner, Bhushan Kumar, who has instituted this Public Interest Litigation is a candidate for the UGC (Net) Examination as well as a candidate in the examination for selection to the Punjab Civil Services (Executive Branch) and allied Cadres. The grievance raised is that both the examinations are scheduled to be held on the same date i.e. 19.12.2010. Accordingly, a prayer has been made to shift the date of the Punjab Civil Services examination. At the outset, it must be noticed that the writ petitioner himself is a candidate for both the examinations and, therefore, he has 2 an element of personal interest in the subject matter of the writ petition which has been filed as a Public Interest Litigation. However, we do not propose to refuse an adjudication on merits to the writ petitioner on the said count. The affidavit filed on behalf of the Punjab Public Service Commission would indicate that the UGC (Net) Examinations are held every six months. It is stated that over 28,000 candidates are due to participate in the Preliminary Examination that is to be held by the Punjab Public Service Commission on 19.12.2010. The date of the Preliminary Examination was published in the print media as well as in the web-site of the Punjab Public Service Commission on 09.11.2010 and presently all arrangements to hold the Punjab Civil Services (Preliminary Examination) have been completed. In these circumstances, in the affidavit filed, the Punjab Public Service Commission has expressed that there will be serious difficulties if the date of the examination is ordered to be shifted to any other date. All arrangements for holding the Punjab Civil Services (Preliminary Examination), as indicated in the affidavit filed on behalf of the Commission, are complete. The number of candidates who are due to sit in both the examinations have not been indicated by the petitioner, though some materials have been laid before the Court to show that the writ petitioner has been able to collect the names of 34 such candidates. However, according to learned Counsel for the writ petitioner, the actual number of such candidates would be much more. Be that as it may, notice must be had of the fact that the UGC (Net) 3 Examinations are held twice in a year and the Punjab Civil Services (Preliminary Examination) is being conducted in the State after period of over 12 years in which over 28,000 candidates are due to sit. The materials available on record would indicate that numerically, the candidates who are to sit in both the examinations would be relatively small. The majority of the candidates who are due to appear in the Punjab Civil Services (Preliminary Examination) are not due to sit in the UGC (Net) Examinations which fact would tilt the scales against the writ petitioner and in favour of holding of the Punjab Civil Services (Preliminary Examination) on the scheduled date i.e. 19.12.2010. We are, therefore, not inclined to entertain this Public Interest Litigation any further. Public Interest Litigation, accordingly is dismissed without, however, any order as to cost. (RANJAN GOGOI) JUDGE (AJAY TEWARI) JUDGE 13.12.2010 Amodh