DILWAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Though the respondents were served in Special Leave Petitions (C) Nos. 21297-99 of 1994, Respondents 1 and 4 appear through counsel. In respect of Respondents 2 and 3, neither AD card nor unserved original notice have been received back. Under those circumstances, they must be deemed to have been served.

(2.) Leave granted.

(3.) It is contended by Sliri Mahabir Singh, the learned counsel for the appellants, that the Selection Board has adopted a policy of calling the ex- servicemen and the dependent children of the ex-servicemen together to consider their cases for recruitment according to merit which would stand as an impediment to the ex-servicemen. We find force in the contention. The object of reservation of the ex-servicemen is to rehabilitate them after their discharge from the defence services. As per the instructions issued by the State government, in the absence of availability of the ex-servicemen instead of keeping those posts unfilled, the dependant children, namely, son or daughter of ex-servicemen would also be considered. The object thereby would be that the Selection Board should first consider the claims of the ex-servicemen and have their eligibility considered independently in the first instance before the claims of the dependent children of the ex-servicemen are considered. If they are found eligible and selected, for the balance unfilled posts, the selection should be done from among the dependent children of the ex-servicemen.