- (1.) Having heard the learned counsel for the parties at some length for final disposal of the matter I would allow this petition with costs for the reasons following. The petitioner belongs to the Ramdasia (R&O) category notified in the list of Scheduled Castes in the State of Punjab for employment in public service. He competed for direct recruitment to the post of Junior Engineer (Mechanical) advertised in the Irrigation Department, Punjab, Chandigarh. 9 posts in the general category were advertised in the Mechanical Branch while 6 posts were advertised in the scheduled caste category. There was a Note in the advertisement that from the scheduled caste vacancies, 50% would go by way of preference to Majbi and Balmiki Sikh candidates. The Note is derived from Section 4(5) of The Punjab Scheduled Castes and Backward Classes (Reservation of Services) Act, 2006 (for short 'the Act').
(2.) Therefore, by giving effect to the preference, 3 out of 6 advertised posts fell to the share of R&O. When the result of the selection was declared, the petitioner had secured 74.5 merit points as against merit points 91.5 secured by the topper in the list of Scheduled Caste (R&O) Category. It transpires that the 3rd respondent-Navtej Singh belongs to the general category and secured 82 merit points and became the last candidate selected and appointed in his category.
(3.) It is the contention of Mr. Rajvinder Singh Bains, the learned counsel appearing for the petitioner, that one Varun Kumar in the R&O category secured higher merit points than Navtej Singh-the last general category candidate selected and appointed. By applying the rule of reservation, he submits that Varun Kumar had to be considered first in the general category and accordingly offered appointment on his open merit position. He could not be counted towards the reserved category posts. As a result of Varun Kumar's reallocation to the general category, he would be deemed to vacate one post in the Scheduled Caste R&O Category to be filled by the next available person in the reserved category. In this manner, the petitioner would shift from merit position No. 4 in the Scheduled Caste R&O Category to merit position No. 3 which would bring him within the zone of consideration for appointment as a Junior Engineer (Mechanical) against the 3 vacancies advertised and falling to the share of R&O. There is merit in the submission of Mr. Bains which is in line with the reservation law that the reserved quota has to be maintained and filled up by available candidates in the reserved category without counting such reserved category candidates who make it on merit in the open general category.;