D.S. Tewatia, J. - (1.) WHETHER the Government instructions dated May 5, 1979 and September 19, 1975, reserving for Balmikis and Mazbi Sikhs, 50 per cent out of the quota of the appointments and posts, reserved for scheduled castes and giving first preference in regard thereto, are violative of Articles 14 and 16 of the Constitution of India, in that the same permit discrimination between one scheduled caste as against another scheduled caste, on the basis of caste only, is the significant question common to both the writ petition Nos. 3723 of 1979 and 4137 of 1979, that falls for determination.
(2.) IT is to be highlighted that in C.W. No. 4132 of 1979, the Petitioner claiming to be a Mazbi Sikh, has sought a mandamus against the State and the Punjab Public Service Commission to give effect to the said Government instructions which are appended to the petition as Annexure P -3. In this case he was the only qualified Mazbi Sikh, entitled to be selected against one post of Lecturer reserved for the scheduled caste, yet he was not selected for the same by the Punjab Public Service Commission, Respondent No. 2. In the other case, the boot appears to be on the other foot i.e. the Petitioners are not either Balmikis or Mazbi Sikhs i.e. they belong to other sections of the scheduled castes. They in the merit list prepared by Respondent No. 2, Punjab Public Service Commission, for the given post, were higher up than Respondent Nos. 3, 4 and 5, yet relying on the Government instructions in question the Government proceeded to give preference to Respondent Nos. 3, 4 and 5 over the Petitioners, on the ground that Respondent Nos. 3 and 4 being Balmikis and Respondent No. 5 being Mazbi, were entitled, in view of the Government instructions, to be preferred over the Petitioners, although the Petitioners in the scheduled castes categories including the Balmikis and Mazbi, were higher in merit.
(3.) THE stand taken by the Government in the affidavit filed by way of return to C.W.P. No. 4132 of 1979, is somewhat equivocal and ambiguous. What one can make of it is only this that they say that it was wrong on the part of the Petitioner to assert that two posts of lecturers in Physical Education, were reserved for scheduled castes and that since the Petitioner was not selected by the Punjab Public Service Commission, there was no question of his being appointed to the post of lecturer in Physical Education.;