- (1.) This order will dispose of two writ petitions, i.e. CWP No.2578 and 2012 and CWP No.15831 of 2012 as common questions of law and facts are involved in both the petitions and they can be disposed of by a common order. The facts are culled out from CWP No.15831 of 2012 for the sake of convenience.
(2.) In September, 2010, Punjab Police advertised 5578 posts of constables in Punjab Police calling applications from eligible candidates to serve in the District Police cadre. The posts were distributed district-wise in the State of Punjab. Of the advertised number 145 of them were to be filled to serve in District Hoshiarpur. The minimum educational qualifications laid down for the post was possession of 10+2 certificate in any discipline or equivalent but it was compulsory for each of the candidates to have passed the matriculation examination with Punjabi language as a compulsory or as an optional subject. The cut off date fixed for receiving applications in the public notice was 1st September, 2010. The selection was made through District Recruitment Boards set up for the purpose and the selection process comprised of three stages involving physical measurement, physical efficiency test followed by an interview. A corrigendum was issued in partial modification of the advertisement reducing the number of posts of male constables to 5293 posts as a decision was taken to fill up 485 posts from female constable category. Consequently, the quota from male originally advertised was reduced in Hoshiarpur District from 145 to 135 while all other conditions remained the same.
(3.) The petitioner applied for the post of Constable under the reserved category of ad dharmi which falls in the scheduled caste category in Punjab. The petitioner participated in the selection and secured 27.50 marks. It transpired that respondents No.5 to 7 also secured equal number of marks. In the final list prepared, respondents No.5 to 7 were placed at Serial Nos.104, 113 and 118 respectively whereas the petitioner stood at Serial No.132 in the merit list far below them. They all belong to the same reserved category. Thereafter, the list of selected candidates' category wise was prepared by the Recruitment Board, according to which, respondents No.5 to 7 came to be shown at serial No.10, 11 and 12 respectively whereas the petitioner's name fell at Serial No.14 of the waiting list.;