- (1.) This petition filed under Article 226 of the Constitution prays for issuance of a writ in the nature of mandamus directing the respondent to appoint the petitioner as Assistant Sub Inspector on the basis of his merit in the test held in the year 1990.
(2.) Brief facts of the may first be noticed. The petitioner has claimed that he has a brilliant academic record as he has obtained a decree in B.Com by obtaining 1st Class in April, 1988 from the Punjab University. Thereafter, he qualified M.A. Part I in the subject of Economics in April, 1989. He has also narrated his various sports activities. In response to an advertisement dated 12.8.1990 (Annexure P.3), the petitioner applied-for appointment on the post of Assistant Sub Inspector of Police. He had passed the written test and was called for interview. He appeared for interview before the Departmental Selection Committee comprising of Inspector General of Police as its Chairman and other Deputy Inspector General of Police as member thereof. For the written test 100 marks were allocated and for viva voce 50 marks were assigned. After passing the written test by securing 58.30 marks, the petitioner was subjected to viva voce and he secured 18.25 marks in the viva. Thus, the total marks of the petitioner comes to 76.55. According to the record produced before me the last candidate at serial No. 131 has secured 80.50 marks (57 in the written test plus 23.50 in the viva). The name of the petitioner, however, figured at serial no. 171 according to the record.
(3.) The stand of the respondents in the written statement is that there is no illegality committed by them by allocating 100 marks for the written test and 50 marks for viva. According to the respondents, the same criterion for allocation of marks to the written test and viva has been followed in the earlier selection held in 1989 which has been upheld by a Division Bench of this Court in the case of Jai Pal Singh v. State of Punjab and Ors., C.W.P. No. 1681 of 1989, decided on 30.1.1990.;