Appointment of revenue, canal patwaris under judicial scanner

Saurabh Malik

Tribune News Service

Chandigarh, January 18

The appointments of revenue and canal patwaris in the state has come judicial scanner. Taking cognisance of a petition alleging non-shifting of Backward Class candidates to open category despite scoring more than the general category candidates in the written examination, the Punjab and Haryana High Court has not only issued a notice of motion, but also directed the state to keep a seat vacant for the petitioner in the Backward Class category.

The directions by Justice Jaishree Thakur came on a petition filed against the State of Punjab and its Director, Land Records, by Kuljeet Kaur through counsel Saurabh Arora. Appearing before Justice Thakur’s Bench, Arora contended that candidates belonging to the Backward Class category, with more marks than the ones in the general category, were required to be adjusted there under.

Directions were also sought for quashing the criteria of the appointment adopted by the respondent department whereby the candidates applying for the posts under the reserved category, but obtaining higher marks than the candidates under the general category, were still offered appointments under the reserved category.

Going into the background of the controversy, Arora said the respondent department issued an advertisement dated September 10, 2016, for filling 1,227 posts of revenue patwari and 857 posts of canal patwari. In response, 66,059 applicants applied for the posts.

As the criteria adopted by the respondent department for making the appointments under the general category was wrong, the petitioner submitted a representation through the registered post in December last. But neither action was taken, nor order passed, on the representation. At least, it was not conveyed to the petitioner.

Arora added that the questions of law arising for adjudication by the High Court included whether the respondents’ action was illegal and arbitrary, violative of Article 16 of the Constitution of India and against the principles of natural justice and settled law?

It was also required to be seen whether the candidates applying under the reserved category but obtaining more marks than the candidates under the general category were liable to be appointed under the open category.