Chandigarh, October 31
Refusing to direct the State of Punjab to fill the vacancies of PCS (executive) and other officers, the Punjab and Haryana High Court has made it clear that the courts cannot ask the States to hire or carry out recruitment process at regular intervals.
The ruling by the Bench of Acting Chief Justice MM Kumar and Justice Rajiv Narain Raina came on a petition filed by Karam Singh against the State of Punjab and other respondents.
In his petition, Karam Singh had earlier sought issuance of directions to the State of Punjab “to make regular recruitment to posts like PCS (Executive), as is being done by the Union Public Service Commission and other neighbouring States”.
Appearing for the petitioner, senior advocate Anmol Rattan Sidhu had placed reliance on Articles 38 and 39 of the Constitution and argued that the policy of the State should be directed towards securing the citizens' right to adequate means of livelihood and also to secure a social order for promotion and welfare of the people. The Bench observed: “It may be true that in the State of Punjab, the posts of PCS (Executive) and allied services are not being filled, but there may be numerous reasons for not doing so.”
The Bench added: “Firstly, the directive principles of State Policy in Articles 38 & 39 (A) are not enforceable, as they are guidelines for the State to frame its policy to achieve the aforesaid goal. Secondly, the right to adequate means of livelihood would not be fulfilled by filling the post of PCS (Executive), as there are large number of other posts in the State which are also required to be filled.”
12 IPS posts vacant: DGP
Hoshiarpur: There is a shortage of about 12 Indian Police Services officers in Punjab. And the state government had already written in this regard to the Union Home Ministry, DGP Anil Kaushik said this here on Monday. Kaushik, who was at the Police Recruits Training Centre in Jahan Khelan, 8 km from here, said 5,000 new constables were being recruited. — OC
Refusing to direct the State of Punjab to fill the vacancies of PCS (executive) and other officers, the Punjab and Haryana High Court has made it clear that the courts cannot ask the States to hire or carry out recruitment process at regular intervals.
The ruling by the Bench of Acting Chief Justice MM Kumar and Justice Rajiv Narain Raina came on a petition filed by Karam Singh against the State of Punjab and other respondents.
In his petition, Karam Singh had earlier sought issuance of directions to the State of Punjab “to make regular recruitment to posts like PCS (Executive), as is being done by the Union Public Service Commission and other neighbouring States”.
Appearing for the petitioner, senior advocate Anmol Rattan Sidhu had placed reliance on Articles 38 and 39 of the Constitution and argued that the policy of the State should be directed towards securing the citizens' right to adequate means of livelihood and also to secure a social order for promotion and welfare of the people. The Bench observed: “It may be true that in the State of Punjab, the posts of PCS (Executive) and allied services are not being filled, but there may be numerous reasons for not doing so.”
The Bench added: “Firstly, the directive principles of State Policy in Articles 38 & 39 (A) are not enforceable, as they are guidelines for the State to frame its policy to achieve the aforesaid goal. Secondly, the right to adequate means of livelihood would not be fulfilled by filling the post of PCS (Executive), as there are large number of other posts in the State which are also required to be filled.”
12 IPS posts vacant: DGP
Hoshiarpur: There is a shortage of about 12 Indian Police Services officers in Punjab. And the state government had already written in this regard to the Union Home Ministry, DGP Anil Kaushik said this here on Monday. Kaushik, who was at the Police Recruits Training Centre in Jahan Khelan, 8 km from here, said 5,000 new constables were being recruited. — OC
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