Reena v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of Decision : 25.07.2024 REENA .... PETITIONER V/S STATE OF PUNJAB AND OTHERS .... RESPONDENTS CORAM : HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr.Atinderpal Singh, Advocate for the petitioner.

Mr. Ramandeep Singh, Sr. DAG, Punjab.

**** JAGMOHAN BANSAL, J. (Oral) 1.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to the respondents to consider her application for the post of Head Constable and appoint her on the said post.

2.

On 25.04.2024, the following order was passed : "Learned counsel for the petitioner inter alia contends that in the application Form under column 'caste details', petitioner declared her caste 'Scheduled Caste/Ramdasia and Others', however, by mistake under column 'category in which you want to apply'

mentioned 'Scheduled Caste/Mazhabi Sikh and Balmiki'. She has secured 505 marks and cut off in Scheduled Caste/Mazhabi Sikh and Balmiki category is 404 and in Scheduled Caste/Ramdasia and Others 491.

The respondent has wrongly rejected candidature of the petitioner.

Notice of motion returnable for 20.05.2024.

Mr. Amar Dhir, DAG, Punjab, who on advance notice is present in Court, accepts notice on behalf of respondent-State. He seeks time to file reply.

To be shown in Urgent."

3.

In continuation of said order, the following order was passed on 20.05.2024:

" xxxx xxxx xxxx Mr. Aman Dhir, DAG, Punjab expressed his inability to controvert the fact that petitioner is a meritorious candidate which is evident from the fact that she is eligible to be selected as 'Scheduled Caste (Ramdasia and others)' as well as 'Scheduled Caste (Mazhabi Sikh & Balmiki)'. This Court is of the prima-facie opinion that in view of recent judgment of Supreme Court in Vashist Narayan Kumar (s) Versus The State of Bihar & Ors 2024 SCC OnLine SC 2, the case of the petitioner needs to be reconsidered.

Accordingly, respondents are hereby directed to reconsider case of the petitioner before the adjourned date.

Adjourned to 25.07.2024."

4.

Mr. Ramandeep Singh, Sr. DAG, Punjab submits that competent authority has constituted a committee to examine claim of the petitioner and said committee would decide her fate within two months from today.

5.

Learned counsel for the petitioner agrees to aforesaid

arrangement.

6.

In the wake of statement of both sides, the present petition stands disposed of.

(JAGMOHAN BANSAL) JUDGE 25.07.2024 anju Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No