MOHINDER SAIN GARG DAVINDER PRITPAL SINGH BALWINDER SINGH CHIRANJI LAL SHARMA CHARANJIT SINGH RAJESH KUMAR SAILI Vs. STATE OF PUNJAB
LAWS(SC)-1990-11-82
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on November 15,1990

Mohinder Sain Garg Davinder Pritpal Singh Balwinder Singh Chiranji Lal Sharma Charanjit Singh Rajesh Kumar Saili Appellant
VERSUS
STATE OF PUNJAB Respondents





Cited Judgements :-

VIKRAMSINGH VS. SUBORDINATE SERVICES SELECTION BOARD HARYANA [LAWS(SC)-1990-11-88] [REFERRED TO]
MUNINDRA KUMAR VI VEK KUMAR RAVINDER SINGH DHAKA VS. RAJIVGOVIL:VIVEKAGGGARWAL:RAJEEVGOVIL [LAWS(SC)-1991-5-22] [FOLLOWED]
HOSHIAR SINGH VS. STATE OF HARYANA [LAWS(SC)-1993-8-44] [REFERRED TO]
KRISHAN YADAV VS. STATE OF HARYANA [LAWS(SC)-1994-5-11] [FOLLOWED]
ANDHRA PRADESH STATE FINANCIAL CORPORATION VS. CM ASHOK RAJU [LAWS(SC)-1994-7-39] [AFFIRMED : 1991 SCC (LANDS) 555: 1991 16 ATC 495 <HC>FROM THE JUDGMENT AND ORDER DATED 24/4/1992 OF ]
A K BANSAL VS. MUNICIPAL CORPORATION OF DELHI [LAWS(DLH)-1994-8-52] [REFERRED )(]
R C PARTI VS. INDIAN AIRLINES CORPORATION [LAWS(DLH)-1995-8-13] [REFERRED TO]
ANZAR AHMAD ABID ASGHAR VS. STATE OF BIHAR [LAWS(SC)-1993-10-7] [RELIED ON]
ASHOK ALIAS SOMANNA GOWDA VS. STATE OF KARNATAKA [LAWS(SC)-1991-10-33] [FOLLOWED]
STATE OF MAHARASHTRA VS. HUSEN S O JAFAR SHEIKH [LAWS(SC)-1993-5-43] [REFERRED TO]
UNION OF INDIA VS. O CHAKRADHAR [LAWS(SC)-2002-2-78] [REFERRED]
DIRECTOR GENERAL INDIAN COUNCIL FOR AGRICULTURAL RESEARCH VS. D SUNDARA RAJU [LAWS(SC)-2011-3-82] [REFERRED TO]
ST STEPHENS COLLEGE VS. UNIVERSITY OF DELHI [LAWS(SC)-1991-12-45] [RELIED ON]
UOI VS. DHARAM VIR SINGH [LAWS(DLH)-2012-3-16] [REFERRED TO]
AMIT KUMAR VS. STATE OF U P [LAWS(ALL)-2005-2-158] [REFERRED TO]
SANJAI SINGH VS. STATE OF U P [LAWS(ALL)-2005-10-73] [REFFERED TO]
RAMVEER SINGH VS. STATE OF U P [LAWS(ALL)-2008-7-208] [REFERRED TO]
T P PRABHAKAR VS. FOOD CORPORATION OF INDIA [LAWS(APH)-1994-3-46] [REFERRED TO]
ABHIJIT DEY VS. LEARNED WEST BENGAL ADMINISTRATIVE TRIBUNAL [LAWS(CAL)-2006-3-41] [REFERRED TO]
SAINGURA SAILO MIZORAM VS. STATE OF MIZORAZM [LAWS(GAU)-1996-6-33] [REFERRED TO]
SUMEET ENTERPRISES VS. UNION OF INDIA [LAWS(GAU)-2005-4-14] [REFERRED TO]
MUMTAJ ALI VS. STATE OF ASSAM [LAWS(GAU)-2005-12-13] [REFERRED TO]
K S RAVINDRANATH VS. JAYADEVA INSTITUTE OF CARDIOLOGY BANGALORE [LAWS(KAR)-1999-11-63] [REFERRED TO]
SREEKUMAR VS. TRAVANCORE DEVASWOM BOARD [LAWS(KER)-1993-3-27] [REFERRED TO]
ESTHER KAVITHA VS. STATE OF TAMIL NADU [LAWS(MAD)-1992-3-36] [REFERRED TO]
K G K PRABHA VS. STATE OF TAMIL NADU [LAWS(MAD)-1992-3-29] [REFERRED TO]
ARULAPPA VS. UNION OF INDIA [LAWS(MAD)-1991-12-38] [REFERRED TO]
P ARUL AND 237 ORS VS. TAMIL NADU STATE ELECTRICITY BOARD AND 22 ORS [LAWS(MAD)-1995-9-115] [REFERRED TO]
ALL INDIA CENTRAL BANK OFFICERS FEDERATION VS. CENTRAL BANK OF INDIA [LAWS(BOM)-1994-10-75] [REFERRED TO]
P ARUNKUMAR VS. STATE OF TAMIL NADU [LAWS(MAD)-2007-7-127] [REFERRED TO]
ANILKUMAR SHANKARLAL JOSHI VS. STATE OF GUJARAT [LAWS(GJH)-1991-5-5] [REFERRED TO]
RAM SANEHI PARASAR VS. U P SUBORDINATE SERVICE SELECTION COMMISSION [LAWS(ALL)-2002-10-203] [REFERRED TO]
PRAFULLA KUMAR MOHAPATRA VS. CHAIRMAN BAITARANI GRAMYA BANK [LAWS(ORI)-1994-8-28] [REFERRED TO]
CHIEF SECURITY COMMISSIONER R P F E R VS. RAKESH KUMAR [LAWS(CAL)-2011-6-30] [REFERRED TO]
DEVADAS K VS. KERALA STATE FINANCIAL ENTERPRISE [LAWS(KER)-2007-12-49] [REFERRED TO]
STATE OF TAMIL NADU VS. S MARIAPPAN [LAWS(MAD)-2005-2-224] [REFERRED TO]
GOA TOURISM DEVELOPMENT CORPORATION EMPLOYEES UNION THROUGH ITS PRESIDENT VS. GOA TOURISM DEVELOPMENT CORPORATION LIMITED THROUGH ITS MANAGING DIRECTOR [LAWS(BOM)-2008-8-230] [REFERRED TO]
K APPADURAI VS. SECRETARY TO GOVERNMENT [LAWS(MAD)-2010-8-161] [REFERRED TO]
DRSADREALAM VS. STATE OF BIHAR [LAWS(PAT)-1993-3-8] [REFERRED TO]
DALPAT SINGH VS. STATE [LAWS(RAJ)-1991-4-41] [REFERRED TO]
SHYAM BIHARI PANDEY VS. BHOJPUR ROHTAS GRAMIN BANK [LAWS(PAT)-1996-12-55] [REFERRED TO]
STATE OF PUNJAB VS. MOHAN SINGH DHINDSA [LAWS(P&H)-1997-9-25] [REFERRED TO]
RAJEEV RANJAN VS. STATE OF BIHAR [LAWS(PAT)-1999-11-47] [REFERRED TO]
ARUN DWIVEDI VS. STATE OF BIHAR [LAWS(PAT)-2010-10-17] [REFERRED TO]
MANISH KUMAR SHAHI VS. STATE OF BIHAR [LAWS(SC)-2010-5-105] [REFERRED TO]
KISHORE KALITA VS. BRAHMAPUTRA BOARD [LAWS(GAU)-2006-1-85] [REFERRED TO]
J. LALHRUAITLUANGA KHAWLHRING VS. STATE OF MIZORAM [LAWS(GAU)-2008-5-51] [REFERRED TO]
CHANDRIKA RAM VS. STATE OF JHARKHAND [LAWS(JHAR)-2014-2-3] [REFERRED TO]
BISHNU BISWAS VS. UNION OF INDIA [LAWS(SC)-2014-4-3] [REFERRED TO]
UMESH K. NAIK VS. STATE OF GOA [LAWS(BOM)-2014-3-119] [REFERRED TO]
Andhra Dramatic And Literary Society VS. State Of Bihar [LAWS(JHAR)-2002-7-76] [REFERRED TO]
MANISH KUMAR SHAHI VS. STATE OF BIHAR [LAWS(PAT)-2008-7-190] [RELIED ON]
LIFE INSURANCE CORPORATION OF INDIA VS. SOBHA VIJAYAN [LAWS(KER)-1997-3-51] [REFERRED TO]
S K SACHDEVAS VS. UNION OF INDIA [LAWS(DLH)-2011-10-160] [REFERRED TO]
DALIP KUMAR BONI VS. STATE OF J&K [LAWS(J&K)-1991-12-11] [REFERRED TO]
J. KOVAISAMY VS. STATE OF TAMIL NADU AND ORS. [LAWS(MAD)-2014-8-264] [REFERRED TO]
KULDIP KUMAR VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-7-239] [REFERRED TO]
HC PRADEEP KUMAR RAI VS. DINESH KUMAR PANDEY [LAWS(SC)-2015-5-21] [REFERRED TO]
KEMO LOLLEN VS. STATE OF ARUNACHAL PRADESH AND ORS. [LAWS(GAU)-1992-3-10] [REFERRED TO]
AMRITPAL SINGH AND ORS. VS. UNION TERRITORY CHANDIGARH AND ORS. [LAWS(CA)-2015-9-16] [REFERRED TO]
ANKIT KUMAR AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-7-219] [REFERRED TO]
VIDYA KUMAR VS. INDIAN IRON AND STEEL CO. LIMITED AND ORS. [LAWS(JHAR)-2002-2-128] [REFERRED TO]
BHAWANI SINGH CHARAN VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2008-9-105] [REFERRED TO]
BIDYASUNDER CHATTERJEE VS. UNION OF INDIA & ORS. [LAWS(CAL)-2002-7-73] [REFERRED TO]
JAGBIR SINGH VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2016-2-62] [REFERRED TO]
SREEKANTH SAGAR VS. THE KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD. AND ORS. [LAWS(KER)-2016-3-87] [REFERRED TO]
SMTI SUBHRAJA DUTTA AND ANOTHER VS. STATE OF ASSAM AND OTHERS [LAWS(GAU)-1992-2-19] [REFERRED TO]
PARDEEP KUMAR VS. STATE OF HARYANA [LAWS(P&H)-1991-10-102] [REFERRED TO]
PARKASH VIR VS. STATE OF HARYANA [LAWS(P&H)-1991-10-106] [REFERRED]
PARSHOTAM SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1994-4-75] [REFERRED]
AMARJEET SINGH VS. STATE OF HARYANA [LAWS(P&H)-1994-12-90] [REFERRED]
AMARJEET SINGH VS. STATE OF HARYANA [LAWS(P&H)-1994-12-90] [REFERRED]
STATE OF PUNJAB VS. KAMAL DEV [LAWS(P&H)-1996-2-201] [REFERRED]
COURT ON ITS OWN MOTION VS. PUNJAB & HARYANA HIGH COURT [LAWS(P&H)-1997-11-133] [REFERRED TO]
MOHINDER SINGH AND OTHERS VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-1997-12-124] [REFERRED TO]
RAJENDRA SHAMBU FATARPEKAR VS. STATE OF GOA AND OTHERS [LAWS(BOM)-1998-10-92] [REFERRED TO]
S. THIRUVARANGA RAMALINGAM AND 59 OTHERS VS. TAMIL NADU PUBLIC SERVICE COMMISSION AND ANOTHER [LAWS(MAD)-1999-7-144] [REFERRED TO]
BIJAYA BHATTACHARYA AND OTHERS VS. STATE OF TRIPURA AND OTHERS [LAWS(TRIP)-2016-2-65] [REFERRED]
M URKALAN VS. GENERAL MANAGER, PERSONAL ADMINISTRATION DEPARTMENT, INDIAN OVERSEAS BANK [LAWS(MAD)-2011-8-585] [REFERRED]
NACHHATTER SINGH VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2015-7-433] [REFERRED]
VINAY KHARE VS. STATE OF U P AND ORS [LAWS(ALL)-1992-5-112] [REFERRED]
ASHOK KUMAR VS. STATE OF PUNJAB [LAWS(P&H)-1993-8-219] [REFERRED]
SHIV KUMAR VS. STATE OF PUNJAB [LAWS(P&H)-1994-7-129] [REFERRED]
KRISHAN GOPAL AND OTHERS VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2009-11-203] [REFERRED]
ALKA ABBAS M A VS. MAHATMA GANDHI UNIVERSITY REPRESENTED BY REGISTRAR [LAWS(KER)-2018-4-78] [REFERRED TO]
DINESH KUMAR SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-9-13] [REFERRED TO]
SARIKA VS. STATE OF HARYANA [LAWS(P&H)-2020-1-48] [REFERRED TO]
RICHARD VINCENT D'SOUZA VS. THE UNION OF INDIA AND ORS. [LAWS(KAR)-2018-12-389] [REFERRED TO]
RAGHAV SANJAY GUPTA VS. INDIAN INSTITUTE OF MANAGEMENT [LAWS(GJH)-2020-7-290] [REFERRED TO]
STATE OF RAJASTHAN VS. KAVITA GODARA [LAWS(RAJ)-2021-3-197] [REFERRED TO]


JUDGEMENT

- (1.)Special leave granted.
(2.)The above two writ petitions and four civil appeals are disposed of by one single order as identical questions of law are involved in these cases. In order to appreciate the controversy in these cases we shall refer to the paper book of Civilarising out of S. L. P. (Civil) No. 14292 of 1989. All the appellants as well as the two petitioners in the writ petitions would be referred herein as the petitioners.
(3.)An advertisement was published in the Tribune (English) on 3/08/1988 by the office of the Excise and Taxation Commissioner, punjab Chairman Selection Committee, Patiala for appointment to 47 posts of Excise and Taxation Inspectors. In the advertisement it was provided that there will be three written papers of English, Punjabi and general Knowledge of B. A. standard. Those who get 33 per cent marks in each paper and 40 per cent marks in aggregate will be called for interview. Total marks for the written test were kept at 300 and for interview 100. Written examination was held in January 1989 in which all the petitioners appeared and were also called for interview but they did not qualify in merit for appointment. It may be further mentioned that by the time the selection process had commenced, the number of posts were increased to 54. Out of the above petitioners, Charanjit Singh falls in the category of backward class. Out of the above 54 posts, 28 posts were for taxation Inspectors and 26 for Excise Inspectors. After the interview out of 28 posts of Taxation Inspectors, 15 were filled by candidates of general category, 7 by scheduled castes, 1 backward class, 4 ex-servicemen and I sportsman. Out of 26 posts of Excise Inspectors, 14 were filled out of general category, 6 scheduled castes, 1 backward class, 3 ex-servicemen, I sportsman and 1 dependant of freedom fighter. The Selection Committee called more than 1200 candidates for interview for appointments to the above posts.
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