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Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH<br />

C.W.P. No.10053 OF 2007<br />

D.D. 10.7.2007<br />

Hon’ble Mr.Justice J.S.Khehar & Hon’ble Mr. Justice M.M.S.Bedi<br />

Gaurav Singh ... Petitioner<br />

Vs.<br />

State of Punjab and Others ... Respondents<br />

Recruitment:<br />

Whether the State Government can withdraw its requisition to fill up the posts after the posts are<br />

advertised for recruitment? - Yes<br />

Punjab P.S.C. issued advertisement for recruitment to 14 posts of Deputy Superintendent of Police<br />

– The State Government withdrew its requisition as per communication dated 28.6.2007 – Accordingly,<br />

a Press Note was issued by P.S.C. stating that selection process had been stopped – The petitioner<br />

challenged the said action stating that no reason was given – High Court dismissed the writ petition<br />

holding that withdrawing its requisition is within the exclusive domain of the State Government.<br />

Held:<br />

It is open to the State Government to decide whether or not to fill up the vacancies available with<br />

it and it is an issue which falls in its exclusive domain.<br />

J.S.Khehar, J.<br />

ORDER<br />

The Punjab <strong>Public</strong> <strong>Service</strong> Commission had issued advertisements for filling up 14 posts of Deputy<br />

Superintendent of Police. The State Government through its communication dated June 28, 2007 has<br />

withdrawn its requisition to fill up the said posts. Accordingly, a press note has been issued by the<br />

Punjab <strong>Public</strong> <strong>Service</strong> Commission intimating the candidates that the process of selection had been<br />

stopped. It is this action of the respondents which is subject matter of challenge at the hands of the<br />

petitioner.<br />

The solitary contention of the learned counsel for the petitioner is that some reason ought to have<br />

been given before the State Government and/or the Punjab <strong>Public</strong> <strong>Service</strong> Commission took a decision<br />

not to go ahead with the process of selection. It is also the contention of the learned counsel for the<br />

petitioner that if the earlier advertisements issued by the respondents under which the petitioner was<br />

an applicant are withdrawn, the petitioner would be rendered overage and would be ineligible in any<br />

further process of selection.<br />

Punjab PSC<br />

889

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