BALWANT SINGH NARWAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal by special leave is preferred by the writ petitioners in CWP No. 18727 of 2003 being aggrieved by the dismissal of their writ petition by the Punjab & Haryana High Court by judgment dated 5 10.2004. The appellants, appointed as Principals between 1995 and 2000 (either by direct recruitment or promotion) are aggrieved by the seniority given to respondents 4 to 16 appointed as Principals on 26.5.2000, with retrospective effect from 2.6.1994.

(2.) The Haryana Public Service Commission - the third respondent ( Commission for short) issued an advertisement in January, 1992 inviting applications for 18 posts of temporary Principals in higher secondary schools. The advertisement made it clear that the number of posts advertised was subject to variations to any extent. On 1.6.1993, the State Education Department made a fresh requisition to the Commission in regard to additional vacancies, thereby increasing the posts to be filled to 37. Respondents 4 to 16 were applicants against the said advertisement and underwent the process of selection. The Commission declared the merit list of 30 selected candidates on 30.9.1993 (published on 1.10.1993), which included Respondents 4 to 16. However, before the State Government could make appointment in terms of the said list, a non-selected candidate filed WP No. 12700 of 1993 contending that only 18 posts were notified and the Commission could not make recommendations for selection of 30 candidates. The said writ petition was allowed by a learned Single Judge of the Punjab & Haryana High Court on 4.4.1994 and the recommendations in excess of the 18 vacancies were quashed on the ground that the Commission could not make recommendations beyond the number of posts advertised. A Division Bench dismissed the appeal against the judgment of the learned Single Judge on 18.1.1999. In the meanwhile, in view of the order of the learned Single Judge, the State Government appointed only 16 candidates from the list of 30 by order dated 2.6.1994. The State Government appointed only 16 as against 18 permitted by the High Court, not for want of vacancies but on account of some technical difficulty in appointing other two candidates.

(3.) Respondents 4 to 16 who were denied appointments, though their names were in the selected merit list of 30 candidates, challenged the order dated 18.1.1999 of the Division Bench. This Court by interim order dated 10.5.1999 directed that 12 vacancies may not be filled until final disposal by this Court. Ultimately, this Court disposed of the appeals filed by respondents 4 to 16 (Civil Appeal Nos.6976-6977 of 1999) by order dated 6.12.1999, reversing the decision of the High Court and dismissing the writ petition before the High Court. This Court held: