Selectees can’t claim PCS executive posts after accepting appointment to other positions

The Punjab and Haryana High Court has ruled that candidates who accepted appointment to alternative posts cannot claim the Punjab Civil Services (PCS) executive post now, as they have acquiesced their merit for the position.

The Division Bench of Justice Sureshwar Thakur and Justice Vikas Suri dismissed five Letters Patent Appeals (LPAs), including two by selectees and three by the State of Punjab, affirming that the issue of appointments in the sports category had been adjudicated.

The court noted that when the writ petition was initially filed, the selectees were restricted from joining the post. However, following the finality of the impugned order, they were permitted to receive appointment letters. "The court does not deem it appropriate to disturb the equities," the Bench observed.

The Bench further held that quashing the advertisement at this stage would result in grave injustice to the appointees. The selectees were granted liberty to either accept the appointment letters offered to them or participate in a fresh advertisement process. The court found no merit in the LPAs and dismissed all five appeals, along with interim orders.

The dispute pertained to appointments under the sports category in PCS. The controversy revolved around whether the posts advertised by the Punjab government were adequately filled. The Single Bench had earlier held that four backlog posts under the sports quota were available up to 2020, but only two were advertised, and those too for the general category, excluding the reserved category.

The State of Punjab contended that appointments could not be made to posts that were not advertised, as doing so would violate Articles 14 and 16 of the Constitution, which uphold equality and fairness in public employment. The selectees, on the other hand, claimed entitlement to PCS executive posts but were instead offered appointments as assistant registrar and block development officer (BDO). One of them accepted the alternative post.