KURIAN,J. - (1.) Leave granted.
(2.) Appellant was No.3 in the select list for appointment to the post of District Programme Officer. He belongs to the reserved category of Balmiki/Majbhi Sikh. The selection commenced with the advertisement by the Punjab Public Service Commission on 21.12.2010. The written examination was conducted in the year 2012. One Gurpreet Singh was appointed against the reserved vacancy (Balmiki/Majbhi Sikh). After one year he resigned from the post on 25.04.2014. According to the appellant the vacancy thus created should be filled up by the next available person from the same community. It is also the case of the appellant that though the appellant is No. 3 in the select list, No.2 (Manjinder Singh) not being interested and not having pursued the litigation, the appellant should be appointed. The Department rejected the claim of the appellant stating that once an appointment is made, the reserved point was consumed and hence the appellant cannot be considered. Hence, he filed a writ petition before the High Court. The learned Single Judge dismissed the writ petition holding that the appellant did not have a legal right to claim appointment and that the vacancy had to be re-advertised.
(3.) In the intra court appeal, as per the impugned judgment, the Division Bench took note of the submission that the process for subsequent selection had been initiated and thus dismissed the appeal.;