RAVINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal arises out of an order passed by the High Court of Punjab & Haryana, whereby Writ Petition No. 1061 of 2007 filed by the appellant has been dismissed and the appellant's claim for appointment as a Constable in the Haryana Police Department turned down. The High Court has taken the view that since the marks scored by the appellant were less than the marks awarded to the last candidate in the general category, he could make no grievance against his non- selection in that category, The appellant assails that view primarily on the ground that the High Court has failed to notice certain important aspects that render the order unsustainable, in particular the fact that two of the candidates selected in the reserved category having scored marks that were higher than those scored by the last candidate selected in the general category, the said candidates ought to have been selected against vacancies in the general merit category. If that were done, the appellant could be appointed against one of the said vacancies. The factual matrix giving rise to the controversy need be summarized at this stage:

(2.) A selection process to fill up 100 available posts of Constables In Haryana Police in the District of Sirsa, State of Haryana was undertaken in which the appellant was also a candidate for appointment against one of the vacancies in the reserved category of ESM/BC(B) for ex-servicemen and their dependents, The appellant was put through physical efficiency and other tests and eventually placed at Sr. No,3 in the ESM/BC(B) category. An appointment order was also issued in his favour pursuant whereto he joined the Police Department on 17th August 2001 and was allotted Constabulary No.2/873 in the 2nd Battalion of the Haryana Armed Force.

(3.) THE appellant's case is that the order passed by the Superintendent of Police did not disclose the marks obtained by BC(B) category candidates selected against the eight posts reserved in that category. An application seeking the requisite information and copies of the select list was accordingly filed under the Right to Information Act, but was declined by the State Information Commission on the ground that the Haryana Armed Police was exempt from the purview of the RTI Act. It was in that backdrop that the appellant filed CWP No. 1061/2007 before the High Court praying not only for the issue of a writ of certiorari quashing the order dated 26th May 2006 passed by the Superintendent of Police but also a mandamus directing the respondents to supply a complete list of selected candidates In respect of all the categories. By its order dated 23rd January 2007 Impugned in this appeal, the High court has dismissed the said petition primarily on the ground that the last candidate selected both in the BC(B) category and in the General category having scored 27 marks each as against 26 marks awarded to the appellant, he was not qualified for appointment In either of the said two categories. THE appellant assails the correctness of the said order, as already noticed above.