KULWINDER PAL SINGH AND ANR. Vs. STATE OF PUNJAB AND ORS.
LAWS(SC)-2016-5-24
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on May 12,2016

Kulwinder Pal Singh And Anr. Appellant
VERSUS
State of Punjab and Ors. Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) These appeals are preferred against the common judgment dated 13.02.2012 whereby the High Court of Punjab and Haryana dismissed the writ petitions C.W.P. No.20135 of 2008, C.W.P. No.20189 of 2008 and C.W.P. No.21746 of 2008, holding that the appellants cannot claim any legal right in respect of the posts remained unfilled as the select list stood exhausted with the joining of the candidates to the extent of posts advertised.
(3.) Brief facts which led to filing of these appeals are as follows: Punjab Public Service Commission issued advertisement for filling up 52 posts of Punjab Civil Services (Judicial Branch) vide advertisement dated 07.03.2007. Out of 52 posts, 27 posts were for General Category; 25 posts for reserved category which included 03 posts for Ex-servicemen; 02 posts for Physically Handicapped; 10 posts for Scheduled Castes; 03 posts for Scheduled Caste Ex-servicemen; 05 posts for Backward Classes; 01 post for Backward Class Ex-servicemen and 01 post for Sports Person. Preliminary examination was conducted on 27.05.2007. The main examination was conducted from 20th to 22nd July, 2007. The viva voce was conducted from 28th to 30th November, 2007 and final result was declared on 01.12.2007. 27 candidates from general category, 10 candidates from scheduled castes and 05 candidates from backward classes were declared successful and have joined in terms of letters of appointment issued to them. Eight posts were de-reserved in respect of the remaining unfilled vacant posts. As against the said de-reserved posts, seven candidates from the general category i.e. candidates upto Sl. No.34 and 01 candidate from backward classes were offered appointments. However, three candidates belonging to general category namely Sumit Garg, Vijayant Sehgal and Yogesh Chaudhary placed at Sl. No.1, 5 and 32 respectively did not join the service. Resultantly, thirty one general category candidates accepted the appointment and joined service.;


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