M A I N   N E W S

HC deprives SC candidates of statutory benefit
Yoginder Gupta
Tribune News Service

Chandigarh, September 4
The constitutional provision of 20 per cent reservation for the Scheduled Castes candidates seems to have been done away with in the Punjab Civic Service (Judicial Branch) examination to be conducted by the Punjab and Haryana High Court from September 6.

The High Court is conducting the examinations, which is normally held by the Punjab Public Service Commission, under extraordinary circumstances. These posts fell vacant following the termination of 57 subordinate judges. The termination was the result of the infamous recruitment scam in the Punjab Public Service Commission.

The judges appointed in 1998-99, 1999-2000, 2000-2001 and 2001-02 were removed by the High Court.

The advertisement issued by the High Court on August 3 does not mention if 20 per cent posts would be reserved for the Scheduled Castes candidates or not.

About 20 Scheduled Caste candidates met here today and submitted a representation to the Chief Justice of the High Court, urging him to withdraw the advertisement and hold the examinations only after issuing an amended advertisement. They said if the examination was conducted on the basis of the August 3 advertisement, it would not only violate the constitutional provisions but also cause “substantial injustice” to the Scheduled Caste candidates. They pointed out that they were earlier selected and appointed against the reserved posts.

The advertisement is silent not only about the reservation for the Scheduled Castes but also for the other categories like the Scheduled Tribes, Backward Classes, physically handicapped, ex-servicemen and wards of freedom fighters.

The representation also pointed out to the Chief Justice that already a dispute on the eligibility criteria for appointment to the PCS (Judicial) was pending adjudication.

The Punjab Government, the appointing authority for subordinate judges, has fixed the eligibility criteria for the reserved-category candidates as 45 per cent marks in the written examination. However, the High Court, which issues posting orders of the subordinate judges, has decided in its administrative capacity that all candidates must secure not less than 50 per cent marks in aggregate in the written examination and the interview for appointment to the PCS (Judicial).

A civil writ petition (No. 10220 of 2001) is still pending in the High Court.

The Punjab Government had appointed a number of reserved-category candidates who had secured less than 50 per cent marks but more than 45 per cent marks as per the eligibility condition laid down by the state in the past few years. However, they were not given posting by the High Court.

The representation has also raised another basic issue. The 60 vacancies for which the High Court will hold the examination, had arisen in different years. But the examination, which is open to only those candidates who had appeared earlier also, will now be held for all posts together. The representation says that those candidates who became eligible to appear in the PCS (Judicial) examination in 2001 only, will now be able to compete for the posts of the earlier years also.