Sanjay Kishan Kaul, J. - (1.) In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Punjab Superior Judicial Service Rules, 2007 (hereinafter referred to as the 'said Rules') were notified on 31.08.2007 duly published in the Gazette of 03.09.2007 for regulating the recruitment and the conditions of service of the persons appointed to the Punjab Superior Judicial Service. The method of appointment as per Rule 7 of the said Rules was both from amongst the members of the Punjab Civil Service (Judicial Branch), as well as direct appointment from amongst the eligible advocates on the basis of written test and viva-voce conducted by the High Court. Sub-clause (c) of Sub-rule (3) of Rule 7 dealt with the latter direct appointment for which 25 per cent of the posts were reserved. The appeals in question relate to the process of the direct recruitment under these Rules at the first instance, carried out in pursuance of the advertisement issued on 02.02.2008.
(2.) In terms of the aforesaid advertisement, applications were invited for selection of twenty one (21) candidates, with a further breakup of ten (10) from General category, six (6) from Scheduled Caste ('SC') category, two (2) from Backward Class category, one (1) from Ex-Serviceman (General) category, one (1) from B.C. (ExServiceman) category and one (1) from Physically Challenged category of Locomotor or Orthopedic Disability, under Rule 7(3)(c) of the said Rules. It may be noted that the advertisement also stated that 'the number of posts will be subject to variation.' Note 4 to the advertisement qua the Physically Challenged category also stated that "if no candidate is found suitable or medically fit under this category, the post shall be reverted to the General category candidate."
(3.) The appellants before this Court are all candidates, who appeared for the examination. It may be noted that none had assailed the advertisement on any account prior to the declaration of the result. On declaration of the result of the written examination, viva-voce was held and there was variation in the merit position of the candidates in the combined marks as compared with just the written examination. The appellants all belong to the General category and their merit position was beyond the ten (10) candidates whose recruitment was envisaged under the advertisement. It may be noted that one of the SC candidates obtained marks to merit consideration without the benefit of reservation and consequently nine (9) of the General category candidates were recruited against the ten (10) posts.;