Arun Thakur v. State Of Punjab And Others




    
   

   Date of Decision: 20.12.2018 Arun Thakur .....Appellant versus State of Punjab and others .....Respondents  !  "  #
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Mr. Ravi Sharma, Advocate, for the appellant. **** $
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 &'(  This intra court appeal under Clause X of the Letters Patent has been filed by the appellant challenging the judgment and order dated 02.11.2018 passed by the learned Single Judge dismissing the writ petition filed by him seeking quashing of the advertisement dated 21.03.2018 and all subsequent proceedings based thereupon.

2.

The main ground of challenge before the learned Single Judge was that an advertisement has been issued in contravention of the Punjab State Civil Services (Appointment by Combined Competitive Examination) Rules, 2009 ( for short 'the Rules of 2009). It was contended before the learned Single Judge and same argument is being repeated before us in this appeal that since Rule 2 of the Rules, 2009 contain a schedule of examination which is to be followed strictly where under publication of advertisement is to be made on 15th September of every year and since in the case in hand it was published on 21st March, 2018, the appellant7petitioner was precluded from applying.

3.

The stand taken by the Punjab Public Service Commission was that the process was initiated in 2017 and since the advertisement on account of various factors beyond their control could not be published within time, RAVINDER SHARMA 2018.12.21 11:38 I attest to the accuracy and integrity of this document

  

2 hence it was published on 21.03.2018. Learned Single Judge finding that though the appellant7petitioner obtained degree prior to the prescribed time and could apply for the test but opted not to appear in the preliminary examination and remained silent at the time of advertisement as well as preliminary examination, now he has no 


to challenge the entire examination on the ground that there has been deviation from the prescribed procedure. Even before us learned counsel for the appellant vehemently contended that deviation from the examination schedule prescribed under the Rules would vitiate the entire procedure. We are afraid that the argument advanced is liable to be rejected. A perusal of the Rules goes to show that 15th September is the starting date given for publication of the advertisement and in the next column which is of end date records 'Nil' and thus there is no end date provided in the Rules. In such view of the matter the advertisement for recruitment in 2017 if published on 21.03.2018 i.e. after 15th September will not be rendered illegal inasmuch as no end date has been provided under the Rules.

4.

In view of above we do not find infirmity in the view taken by the learned Single Judge which may require any interference. The appeal is devoid of merits and accordingly stands dismissed.







 






  



















  
 




 



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Whether speaking/reasoned √Yes/No Whether reportable Yes/No√ RAVINDER SHARMA 2018.12.21 11:38 I attest to the accuracy and integrity of this document