STATE OF HARYANA Vs. JAI BHAGWAN SHARMA

JUDGEMENT

(1.) Leave granted.

(2.) 1055 Posts of Patwaris which were to become available by 31.12.1998 were sought to be filled up by inviting applications through an advertisement made on 7.9.1997 for which written tests were held on 29.11.1998 and results were announced on 10. 3.1999, following which the interviews were conducted from 8.4.1999 to 20. 4.1999 and the selection list was also made. The Government by an order made on 2.4.1999 banned making of new appointments. However, by order made on 3.5.1999 certain exemptions in respect of the ban towards appointments were indicated. Thereafter, on 22.5.1999 the result of the selection process was announced. With the change of Government the ban order was lifted on 7.1.2000 which was re-introduced on 16.3.2000 making certain concessions to which we will advert to later. Writ petitions were filed by the selected persons who did not hear from the government, in spite of selection process having been completed. The High Court proceeded on the assumption that abolition of the posts is valid but considered the question as to what relief should be granted to the writ petitioners. The High court held that mere selection does not give the selected person any right of appointment but thereafter went at a tangent to consider the question whether the selection process was scuttled and what should be the step that should be taken to mitigate the high expenditure that shall be involved in the process of training the selected persons and appointing them.

(3.) The matter that should have been examined by the High Court is as to the scope of the orders of the Government banning of fresh appointments or abolishing post and would apply to the petitioners or not.