RAMESH CHAND VERMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the month of Feb. 1984, Haryana Public Service Commission had advertised 17 posts of HCS (Executive Branch) and other allied services. Out of the said 17 posts, one post was reserved for Backward Classes for HCS (Executive Branch) and also one post of 'A' Class Tehsildar. Here, we are concerned with the post meant for Backward Classes for HCS (Executive Branch).

(2.) The petitioner being a Backward Class candidate applied for the said post reserved for the Backward Classes and along with the petitioner one Shri N.K. Wadhawan had also applied. In the merit list of Backward Class candidates Shri N.K. Wadhawan was placed at Serial No. 1 and the petitioner (Ramesh Chand Verma) was placed at Serial No. 2. Shri N.K. Wadhawan was recommended by the Haryana Public Service Commission (Executive Branch) but he did not join and had communicated his inability to do so in this regard. In this eventuality, petitioner being at Serial No. 2 became entitled to be appointed in place of Shri N.K. Wadhawan. The Government of Haryana did not offer the said position to the petitioner which led to filing of CWP No. 7057 of 1988 by the petitioner. The said petition was contested by the Government of Haryana and the same was finally allowed by this Court vide judgment dated 9.11.1990, copy Annexure P4. The relevant portion of the judgment reads as under:-

(3.) The petitioner had competed in the examination for Register 'B' as envisaged under HCS (Executive Branch) Rules, 1930 (hereinafter referred to as "the rules"). The persons who were finally selected are included in Register 'B' in order of merit as provided under Rule 11 of the Rules. The appointment from the said register is also to be made in accordance with the rules provided in this regard. The net result of combined reading of Rules 17 and 20 of the Rules is that first two candidates are appointed from Register 'B', third from Register 'A-1', 4th and 5th again from Register 'B', 6th from Register A-II, 7th, 8th and 9th from Register 'B' and so on upto 25 posts. If the HCS (Executive Branch) list is exhausted and the vacancies are filled up then the remaining candidates on merits are placed in the allied services. Since Shri N.K. Wadhawan had been found to be more meritorious and was placed at Serial No. 1, he could find berth in HCS (Executive Branch) and petitioner Shri Ramesh Chand Verma at serial No. 2 in the merit list of Backward Class candidates would be in the writing. As per vacancies read in consonance with the rules, only one vacancy was to be given to Backward Classes which was offered to Shri N.K. Wadhawan. Since he did not join as such the petitioner became entitled to be placed in the said seniority list at Sr. No. 2.