G.S.SINGHVI, J. - (1.) THIS is a petition for issuance of a writ in the nature of mandamus directing respondent No. 2 to send the petitioner's name for being allowed to appear in the departmental examination for the post of Naib Tehsildar.
(2.) A perusal of the record shows that the petitioner had joined service as Clerk under the Deputy Commissioner, Patiala (respondent No. 4) with effect from 21.1.1976. He was promoted as Senior Assistant with effect from 15.7.1996. In 1997, Director, Land Records, Punjab issued memo, Annexure P.1, dated 23.7.1997 to all the Divisional Commissioners to send the names of candidates willing to participate in the departmental examination proposed to be held on 23.8.1997 and from 26.8.1997 to 28.8.1997 at State Revenue Patwar Training Institute, Jalandhar. The petitioner's name was recommended by respondent No. 4 to the Commissioner, Patiala Division, Patiala (respondent No. 2), but the latter withheld his name on the premise that he was not eligible. The petitioner has challenged the decision of the respondents not to consider his candidature for being allowed to appear in the departmental examination by contending that the same is discriminatory and violative of his fundamental right to equality. He has referred to the order dated 17.7.1995 passed by the learned Single Judge in C.W.P. No. 13306 of 1993 - Harbans Lal and others v. State of Punjab and others and pleaded that a direction be issued to the respondents to consider him eligible for the departmental examination.
(3.) THE respondents have controverted the petitioner's claim on the premise that on the date of examination, he was working as Tehsil Assistant and as such, he was not considered eligible in terms of Regulation 7 of the Punjab Naib Tehsildars Regulations, 1984 (for short, 'the Regulations').;