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Judgment
NAMIT KUMAR, J. (ORAL)
The present petition has been filed by the petitioner under Articles 226/227 of the Constitution of India, seeking a writ of certiorari, for quashing/setting aside the letter dated 08.02.2022 (Annexure P-6), which lays down the condition that only women domicile of State of Punjab can avail the benefit of 33% reservation in the Government posts during direct recruitment under the Punjab Civil Service (Reservation of Posts for Women) Rules, 2020, since such a condition when imposed on general category women candidates perpetuates discrimination and gender inequality which is in violation of Article 14 of the Constitution of India. Further, a writ of mandamus has been sought directing respondent No.3 to issue appointment letter to the petitioner to the post of Assistant Engineer/OT (Electrical) being eligible and meritorious and further eligible for appointment against one of the five posts earmarked for women in general category.
On the last date of hearing, i.e., 18.03.2025, the following order was passed:-
“Counsel for the petitioners are ad idem that one of the issues involved in the present case is pending in LPA No.160 of 2023 and the same is now listed for hearing on 08.04.2025. List the case for hearing on 15.07.2025. A photocopy of this order be placed on the file of other connected cases.”
Learned counsel for the parties have produced copy of the order dated 17.08.2026, passed in LPA No.160 of 2023 titled as 'Kalpana Komal Bhati v. State of Punjab and others' and connected case, which have been disposed of in the following terms:-
“1.By this common orders, two appeals, the details of which have been given in the heading, are being disposed of as both the appeals involve the same question of law on similar facts. The facts are being taken from LPA No.160 of 2023 for the sake of convenience.
2.In the present appeal, challenge is to the order dated 12.01.2023 passed by the learned Single Judge in CWP No.16556 of 2022 titled as Kalpana Komal Bhati vs. State of Punjab and others.
3.After arguing for some time, learned counsel for the appellants submits that the appellants intend to approach the respondents by filing a representation that the Amendment to the Punjab Civil Service (Reservation for Women) Rules, 2020 (for short ‘2020 Rules’) needs to be effected so that there is no ambiguity and the entitled women can get the benefit of Women Reservation without there being any litigation on the said aspect, and the respondents be directed to decide the issue in a time-bound manner so that no further grievance arises qua any other selection to be made in a case where there arises a question of reservation to be granted to Women.
3.Learned counsel for the respondent-State submits that in case, any such representation is received at the hands of the appellants, the same will be decided by the competent authority in accordance with the law within a period of eight weeks from the date of the receipt of certified copy of this order by passing an appropriate speaking order.
5.Learned counsel for the respondent-State further submits that in case, it is found feasible to grant relief to the appellants, the same will be done, otherwise due reasons will be mentioned for not accepting the claim of the appellants in the speaking order to be passed and the said order will be duly conveyed to the appellants.
6.Learned counsel for the appellants submits that keeping in view the statement of learned State counsel, the present appeals may kindly be disposed of having been not pressed any further with liberty as prayed for.
7.Ordered accordingly.
8.A photocopy of this order be placed on the file of other connected case.
9.Pending application(s), if any, also stands disposed of.”
Learned counsel for the parties are ad idem that the present petition may also be disposed of in the same terms as LPA No.160 of 2023.
Disposed of in the same terms as LPA No.160 of 2023.
