LAWS(P&H)-2021-3-149

LABH SINGH Vs. STATE OF PUNJAB

Decided On March 05, 2021
LABH SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The two petitioners, namely, Labh Singh and Satinder Singh (petitioner Nos. 1 & 2, respectively) have filed the present petition seeking a writ in the nature of certiorari for quashing of order of appointment dated 01.03.2021 (Annexure P-l) whereby respondent No. 4 - Mr. Prashant Kishore has been appointed as Principal Advisor to the Chief Minister, Punjab.

(2.) Petitioner No. 1- Labh Singh is a Boxing Coach based at Khanna and has won various medals in Boxing at national level. Petitioner No. 2-Satinder Singh is a practicing advocate of Chandigarh, who has remained Municipal Councilor of Municipal Corporation, Chandigarh.

(3.) Learned counsel for the petitioners has argued that without issuing any advertisement or conducting any interview after framing criteria, the post in question has been filled up. It is argued that in matters of appointment to any office under State, no post can be filled up without following Article 16(1) of the Constitution which provides for equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. Since respondent No. 4 has been appointed as Principal Advisor to the Chief Minister of Punjab with a status of a Cabinet Minister, he will be provided for all pay, perks and facilities from the State Exchequer, therefore it was imperative for the State to issue an advertisement as there are a large number of educated and well qualified persons in the State of Punjab, including the petitioners. Hence prayer has been made for allowing the writ petition.