SUSHILA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted. We have heard learned counsel on both sides.

(2.) The respondents in their counter- affidavit have explained that initially, as many as 230 posts of Supervisors were notified by the Subordinate Services Selection Board indicating therein the number of posts available to various categories. It is stated that initially 57 posts were reserved for the scheduled Castes, 28 posts for Backward Classes, 31 posts for Ex-servicemen and 114 for general candidates. Subsequently, the Board had clarified that the carried forward posts shall be included for the reserved candidates. Consequently, 97 posts were reserved for the Scheduled Castes, 38 posts for Backward classes and 72 posts for the Ex-serviceman. Out of the general posts due to the selected candidates those who moved the High Court obtained stay orders and 136 vacancies were occupied by such candidates. Consequently, 24 posts remained to be filled.

(3.) The appellants approached to the high Court by filing the writ petitions seeking similar directions for their appointment on regular basis. In the counter-affidavit filed in the High Court it was stated that they were appointed on ad hoc basis against the reserved vacancies and that, therefore, the high Court has held that the appellants cannot be appointed in the reserved vacancies. Thus, these appeals by special leave.