Manjit Singh vs State of Punjab and Others

Augustine George Masih, J.—Petitioner has approached this Court assailing the appointment of respondent No. 4 to the Post of Junior Engineer (Civil) on the ground that he being more meritorious than respondent No. 4, respondent No. 4 has been granted appointment to the post of Junior Engineer over and above the petitioner only on the ground that at the time of counselling when the documents were to be scrutinized, petitioner was unable to produce the Lineal Descended Certificate of an ex-serviceman. Petitioner, in pursuance to the advertisement dated 4.12.2009, applied for the post of Junior Engineer (Civil). Out of the 85 posts, which were advertised, 7 posts were kept reserved for Ex-Servicemen/Dependent of Ex-servicemen Category. Petitioner and respondent No. 4 competed along with others for the post of Junior Engineer (Civil) under the Dependent of Ex-servicemen Category. Petitioner belongs to the Scheduled Caste Category apart from he being of Dependent of Ex-servicemen category whereas respondent No. 4 belongs to the General Category and was also a dependent of ex-serviceman. Criteria for fixing the merit under each category was written test. In the written test, which was held by the respondents, petitioner secured 31 marks whereas respondent No. 4 secured 28 marks. Petitioner thus was more meritorious than respondent No. 4. After the declaration of the result, petitioner was called upon, vide a communication dated 12.5.2010 (Annexure-P-7) issued by the office of the Chief Engineer (Central) Punjab, Water Supply and Sanitation Department, Patiala, to appear in the office of the Chief Engineer at 2.00 p.m. on 17.5.2010 for verification of documents along with the original documents. He appeared before the concerned authority and produced all the documents which were specified in the communication dated 12.5.2010 (Annexure-P-7). Petitioner was called upon to produce the Lineal Descendent Certificate, which the petitioner, at that time, did not possess. Petitioner was granted some time to do the needful. In pursuance to the requirement, as projected by the official respondents, petitioner applied to the District Sainik Welfare Officer, Hoshiarpur for issuance of the Lineal Descendent Certificate, which was issued to him on 25.5.2010 (Annexure-P-8) which the petitioner produced before the competent authority. The petitioner was not issued the appointment letter. The final result was declared on 7.6.2010 but the petitioner was surprised to find his name missing from the said result. Petitioner approached the respondents but without any result. Ultimately, he has, through the present writ petition, approached this Court challenging the appointment of respondent No. 4 who was lower in merit, than the petitioner and had been issued appointment letter under the Ex-servicemen Category.

Counsel for the petitioner contends that the details of toe documents, which were required to be produced in original at the time of verification of the documents, were specified in communication dated 12.5.2010 (Annexure P-7). Petitioner produced all the documents specified therein. It was not mentioned that at the time of scrutiny of the documents, a Lineal Descendent Certificate was also required to be produced by the petitioner of he being a dependent of ex-serviceman. In any case, when such a requirement was projected by the respondents, petitioner obtained the Lineal Descendent Certificate also from the District Sainik Welfare Officer, Hoshiarpur on 25.5.2010 (Annexure P-8) and produced the same before the competent authority but the same had not been taken into consideration by the respondents and instead appointment has been issued to respondent No. 4 who is lower in merit than the petitioner and is not entitled to be appointed. He, on this basis, contends that the action of the respondents being not in consonance with the requirement of any statutory Rules or Instructions which mandate the production of the Lineal Descendent Certificate at the time of verification of the documents as also there being no mention of such a document to be produced at the time of verification, therefore, cannot sustain. Prayer has thus, been made for allowing the present writ petition by quashing the appointment of respondent No. 4.

In response to the submissions made by the counsel for the petitioner, counsel for the State as also the counsel for respondent No. 4 could not dispute the fact that the petitioner is more meritorious as per the written test and higher in merit than respondent No. 4. An assertion has been made that the claim of the petitioner for appointment to the post of Ex-servicemen Category stands rejected only on the ground that at the time of the counselling, petitioner could not produce the Lineal Descendent Certificate of an ex-serviceman. Counsel for the respondents either on the basis of the pleadings or on the basis of any statutory Rules/Instructions, have not been able to project that the production of the Lineal Descendent Certificate of an ex-serviceman was mandated prior to the issuance of the appointment letter or for consideration for appointment to the post of Junior Engineer (Civil).

In the light of the above, the present writ petition deserves to be allowed as admittedly, petitioner is higher in merit than respondent No. 4. As per the communication dated 12.5.2010 (Annexure-P-7), following original documents were required to be produced by the petitioner on 17.5.2010 when he was called upon for verification of his documents,

Original Certificate of Matriculation.

Original Certificate of Diploma in Civil Engineering (or its equivalent) obtained from recognized University/Institution.

Certificate of Scheduled Caste/Backward Class.

Original Certificate of Punjab Residence.

Original Disability Certificate from Civil Surgeon.

Original documents regarding Ex-serviceman.

Original documents regarding Freedom Fighter.

If applied under Sportsman quota, original documents regarding National/International Player.

Three passport size attested photographs.

Enclosed Annexure-''R'' should be brought in the shape of affidavit duly attested from Notary public.

Note:--Only on the basis of verification of the documents, you cannot claim appointment on the post.

In the list of documents. Lineal Descendent Certificate of an Ex-serviceman is not mandated to be produced at the time of verification of the documents. Petitioner, therefore, was quite justified in not producing the same at the time of his appearing before the competent authority in pursuance to the communication dated 12.5.2010. In any case, when such a certificate was called upon, petitioner did obtain the same on 25.5.2010 (Annexure-P-8) which has been duly issued by the District Sainik Welfare Officer, Hoshiarpur which proves beyond doubt that the petitioner furnished the requisite documents which were called upon by the respondents for issuance of the appointment letter to him much prior to the declaration of the final selection, which was done on 7.6,2010. Non-consideration of the claim of the petitioner when he had already produced the relevant document which was although not mandated to be produced as per communication dated 17.5.2010 but was produced subsequently is not in accordance with law and, therefore, the action of the respondents cannot be sustained. Petitioner being more meritorious than respondent No. 4 and fulfilling the mandate of the Statute as also the requirement of producing the relevant documents at the time of counseling on 17.5.2010 and in any case, producing the relevant called upon documents at a subsequent date much prior to the date of finalization of the selection persuades this Court to pass an order in favour of the petitioner. In view of the above, the writ petition is allowed. Appointment of respondent No. 4 is hereby quashed. Direction is issued to the respondents to issue appointment letter to the petitioner to the post of Junior Engineer (Civil). Needful be done within a period of one month from the date of receipt of certified copy of the order. It goes without saying that the petitioner shall be entitled to all consequential benefits except for the arrears of pay and other allowances.