LAWS(P&H)-2010-10-466

DALBIR SINGH Vs. STATE OF HARYANA AND OTHERS

Decided On October 01, 2010
DALBIR SINGH Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) Petitioner, who was a candidate for appointment to the post of Chief Inspector in the Haryana Roadways, which was advertised on 07.05.1989, through this writ petition is challenging the selection of respondents No. 4 to 9 on the ground that they are not eligible as per the qualifications required for appointment and also on the ground the he is more meritorious to them and, therefore, deserves to be appointed. Prayer has been made for quashing the selection of these private respondents with a further prayer for issuance of writ of mandamus, directing the respondents to appoint the petitioner as Chief Inspector.

(2.) Briefly the facts as per the writ are that an advertisement No. 1/89 was issued by the Subordinate Services Selection Board, Haryana/respondent No. 2 (in short 'the Board') for filling up the post of Chief Inspectors in the Haryana Roadways in the pay scale of Rs. 1400-2600 from the candidates having educational qualification of Graduation and two years experience in Government/Semi Government or Public Undertakings/Roadways Fleet with Hindi upto Matric and age 17 to 35 years.

(3.) In response to the aforesaid advertisement, petitioner and others applied for the said posts. The petitioner was found eligible and was allotted Roll No. 17. He was called for the interview, in which he participated on 15.01.1990, but his name did not find mention in the list of selected candidates. He on inquiry came to know that respondents No. 4 to 9 were not fulfilling the requisite qualification for the post of Chief Inspectors and, thus, not called for the interview initially on 15-16.01.1990 (the dates of interview), however, they were interviewed on 23.06.1990 under political influence on change of Chairman of the Board. It has been specifically averred by the petitioner in para-8 of the writ petition that respondent No. 4-Khub Ram son of Shri Manfool and respondent No. 8-Ram Niwas Rathi son of Shri Mahi Ram, produced bogus experience certificates and on the basis of those bogus experience certificates, they were selected. Qua respondents No. 5 to 7 and 9, it has been specifically stated in para-8-A that they did not fulfil the requisite qualifications and have been selected because of their political influence, however, no specific details about these respondents have been mentioned in the writ petition as to their ineligibility. It is on this basis that challenge has been posed to the selection made by the Board to the post of Chief Inspectors in the Haryana Roadways.