Gurbax Singh vs State Of Punjab & Ors.

“REPLY ON MERITS

PARA NO. 1 TO 6

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PARA No. 7 (a&b)

(a & b)

That the contentions of the petitioner contained in Para 7 (a & b) are denied being wrong. In reply, it is submitted that the Punjab Civil Services (EB) (Class-1) Rules 1976 do not provide any reservation for scheduled caste and backward classes in a recruitment made by way of nomination to the PCS (Executive Branch). The instructions and roster mentioned by the petitioner do not apply to recruitment to the service through nomination from various Registers including Register 'C'. That as per Rule 18 of the Rules ibid, out of a slab of 100 vacancies, 50% vacancies are filled by direct recruitment through open competition and 50% from various categories of Govt. employees working in the Govt. Deptts. The instructions of the Govt. about reservation are only applicable in respect of direct recruitment or in promotion cases whereas the recruitment to the PCS (EB) through nomination is not either by direct recruitment or by promotion. The appointment to PCS (EB) being merit oriented necessarily excludes reservation. This issue has already been settled by this Hon'ble High Court in a case reported as 2001(2) RSJ 395 titled as Sohan Lal Bhumbak Vs. State of Punjab. The relevant para 20 of the said Judgement is reproduced as under:-

20 Concededly, instructions dated 6-6-1974 and 4-5-1974 are dealing with reservation to the extent of 25% and 14% respectively in direct recruitment and promotion. Reservation has not been provided in recruitment made by way of nomination. The benefit of reservation can be availed of only if specifically provided and no writ lied to command the Government to make reservation as such."

It is also pointed out that the nomination of the petitioner was forwarded to the Commission against one vacancy pertaining to Register 'C' of Recruitment Process 2001 against which the Respondent No. 16 namely Sh. Lakhmir Singh was selected and appointed to the service. The remaining respondents from Sr. No. 5 to 15 were nominated and selected from the Register A-Il and A-III of Recruitment Processes of 1994, 1996 and 2001 and the petitioner is not eligible for nomination from these Registers. The contents of Para 3 & 4 of the Preliminary Submissions are also reiterated and may kindly be read as a part of reply to this Para.

“REPLY OF RESPONDENT NO. 4

1.

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2.

That the petitioner was interviewed by the Commission on 23-2-2005 in P.C.S. (Executive Branch) Register-C recruitment process-2001 and was not selected being lower in merit.

3.

That while sending the nomination of candidates, the Government had not earmarked any vacancy in reserved category in any Register, viz. Register A-I, A-II A-III & C. While issuing the circular the Government had clearly indicated that although no reservation is provided in the rules ibid for filling up the posts by deserving persons belonging to the Scheduled Castes & Backward Classes may kindly be kept in view while sending the recommendations. Since there was no vacancy earmarked for reserved category therefore, the selection was to be made on the basis of merit alone irrespective to any class or category the candidate belongs. In the present case the selection of Respondent No. 5 to 16 has been made on the basis of merit alone.”