ASHWANI KUMAR KAUSHIK Vs. HARYANA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) This order shall dispose of L.P. A. Nos. 555 and 556 of 2010, which have been preferred under Clause X of the Letters Patent against the common judgment dated 5th April, 2010 rendered by the learned Single Judge in a bunch of petitions. The primary question raised in these appeals is "whether the expression 'reserved categories' used in the advertisement date 3rd June, 2009 would include, other categories like Ex-servicemen or Physically Handicapped belonging to the State of Haryana apart from Scheduled Castes and the Scheduled Tribes". The learned Single Judge has taken the view that it would not include any of the aforesaid classes except Scheduled Castes/Scheduled Tribes.

(2.) The undisputed facts as noticed from L.P.A. No. 555 of 2010 are that on 3rd June, 2009 the I laryana Public Service Commission (for brevity, 'the Commission" issued an advertisement, advertising various posts of Assistant Engineer (Electrical), Assistant Engineer (Electronics), Assistant Engineer (Mechanical) and Assistant Engineer (Civil), which were lying vacant in the Haryana Power Generation Corporation Limited (HPGCL), Uttar Haryana Bijli Vitran Nigam Limited (UHBVN), Haryana Vidyut Parsaran Nigam Limited (HVPNL), and Dakshan Haryana Bijli Vitran Nigam Limited (DHBVNL). In the table depicting the number of vacancies, the posts were shown under the categories of (i) General; (ii) Scheduled Caste of Haryana; (iii) Backward Classes of Haryana; (iv) Ex-servicemen of Haryana; and (v) Physical Handicap of Haryana. The following essential qualifications were prescribed for the posts of Assistant Engineer (Electrical) and Assistant Engineer (Electronics):

(3.) As per Note-I given in the advertisement the Ex-servicemen candidates were also required to possess Bachelors' degree as specified against each post. Under Note-11 it was stipulated as under: