Punjab-Haryana High Court
Chamkaur Singh vs State Of Punjab And Anr on 29 October, 2024
Neutral Citation No:=2024:PHHC:142009
CWP-29372-2024 1
114 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-29372-2024
Date of Decision:29.10.2024
CHAMKAUR SINGH ......... Petitioner
Versus
STATE OF PUNJAB AND ANR ..... Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present : Mr. Pardeep Singh Mirpur, Advocate for the petitioner.
Mr. Aman Dhir, DAG, Punjab.
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JAGMOHAN BANSAL, J. (Oral)
1. The petitioner through instant petition under Articles 226
and 227 of the Constitution of India is seeking setting aside of order
dated 07.10.2024 (Annexure P-15) whereby respondent has rejected his
claim for the post of Constable under Ex-Serviceman (SC/M&B)
Category.
2. The petitioner pursuant to an advertisement of 2016 applied
for the post of Constable. He belongs to SC (M&B) Category. In the
advertisement, there was no Sub-Category and all the candidates applied
under SC Category. A litigation ensued between the parties and final
merit list was prepared on 18.05.2022. The said list was preceded by
tentative revised list on 25.03.2022. The respondent invited objections
from all the candidates with respect to their Category. More than 100
objections were received and status of many candidates with respect to
their Sub Category was changed. The petitioner, at this stage, remained
silent. Despite being given 7 working days from 25.03.2022 to file
objection, the petitioner did not file any objection. The respondent has
rejected claim of petitioner on the ground that he did not file objection
within time and at this stage, he cannot be considered.
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3. Mr. Pardeep Singh Mirpur, Advocate for the petitioner
submits that as per Annexure P-10, the final merit list was not prepared
on 18.05.2022 whereas it was amended from time to time and many
candidates were permitted to join even during 2024, thus, respondent has
wrongly rejected claim of the petitioner.
4. Mr. Aman Dhir, DAG, Punjab who on advance notice is
present in Court, submits that there is no representation on behalf of the
petitioner on record prior to declaration of final merit list dated
18.05.2022. Annexure P-10 discloses that final merit list was prepared on
18.05.2022. The said Annexure is not disclosing that merit list was
revised after 18.05.2022. The State has categoric stand that final merit list
was prepared on 18.05.2022.
5. This Court vide order dated 26.05.2023 passed in a bunch of
petitions including Civil Writ Petition No.2208 of 2017 titled as 'Jaimal
Singh Vs. Director General of Police Punjab, Chandigarh and another'
has ordered that State shall be bound by the final merit list dated
18.05.2022. The relevant extracts of order dated 26.05.2023 are
reproduced as below:
"6. Qua Issue No.1 i.e. the candidates who feel aggrieved as no
sub-option of SC (R&O) and SC (M&B) was provided in the
online form and thus their case were prejudiced, the State is
stated to have duly considered the grievance of all the writ
petitioners in 21 writ petitions. The marks obtained by them have
been considered against the cut-off marks as per the revised merit
list dated 18th of May, 2022 and it has been claimed that no
candidate who is lower in merit than the last selected candidate
i.e. as per revised merit list dated 18th of May, 2022, has been
granted appointment.
xxxx xxxx xxxx xxxx
12. In view of the aforesaid stand taken by the State, this Court
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finds that since the whole exercise has been conducted by the
State in the light of judgment passed by the Writ Court in CWP
No.22985 of 2016. The same stands approved in LPA No.916 of
2021 which further stands affirmed by the Apex Court in SLP
No.27011 of 2022, there is no legal issue left at the hands of this
Court to adjudicate qua the aforesaid recruitment. The State shall
be bound by the final merit list dated 18th of May, 2022 and the
writ petitions stand disposed off accordingly."
6. The posts were advertised in 2016 and on account of
litigation final merit list could not be issued till 2022. On the direction of
this Court, the final merit list was prepared and said list was preceded by
tentative list. The candidates were given 7 working days from 25.03.2022
to file their objection. The petitioner though was part of litigation, yet did
not file objection within 7 working days from 25.03.2022 with respect to
his category. In the absence of representation, the State was bound to rely
upon record. The State could not keep merit list pending for an indefinite
period. A long delay of 6 years had already taken place. No selection
process can be kept in abeyance for an indefinite period. The petitioner
was not vigilant and at this stage, it would not be appropriate on the part
of this Court to direct the respondents to prepare fresh merit list and
consider the petitioner, however, it is made clear that if respondent, at
any stage, on account of changed circumstances considers other
candidates than the petitioner shall also be considered.
7. Writ petition stands dismissed.
( JAGMOHAN BANSAL )
JUDGE
29.10.2024
Ali
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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