RAJ PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has passed M.A. (Mathematics) with 55 per cent marks from Kurukshetra University. He did his M. Phil by securing about 70 per cent marks. He is a dependent of an ex-servicemen and on that basis has also been issued the eligibility certificate by Zila Sainik Board, Hisar, to the effect that he is eligible for employment under the State Government against the quota reserved for ex-servicemen in terms of Haryana government letter No. 12/37/79/GS-II, dated 21st May, 1979, as also under subsequent letters issued by the State Government from time to time. He has already worked as part-time Lecturer in Mathematics but was relieved of his duties on 28th February, 1989, due to the end of the academic session. During this period (October 1988 to February, 1989), his conduct has been found as good. With this background, the petitioner applies for the post of Lecturer in Mathematics in response to the advertisement made by the Haryana Public Service Commission in 1988. Out of the seven posts advertised, one post was reserved for Scheduled Castes/Scheduled Tribes and the remaining six were meant for general category candidates. Though there was no specific mention about the reservation for ex-servicemen or dependents thereof, yet according to the policy instructions of the State Government issued in consultation with the Haryana Public Service Commission, one post should have been earmarked for ex-servicemen/their dependents. The petitioner appeared in inteview but has not been selected against a post falling in general category, and his candidature has not been considered against the post earmarked for ex-servicemen or their dependents. Aggrieved against this, the petitioner has invoked the writ jurisdiction of this Court for the issuance of a writ of mandamus directing the respondents to make the selections as per reservation policy of the State Government contained in circular letter No. 38/20/78-2GSI, dated 9th February, 1979, Annexure P.4 with the writ petition. According to the aforesaid instructions -

(2.) Separate returns have been filed by the Haryana Public Service Commission as well as the State Government. Though the factual position has not been contested by the respondents, yet an attempt has been made to justify the impugned action on the ground that no post of Lecturer in Mathematics was advertised as "reserved" for ex-servicemen/dependents of ex-servicemen. Therefore, the candidature of the petitioner was considered for the posts in general category and not for the post falling to the share of ex-servicemen. However, it has been specifically admitted in the affidavit filed by respondent No. 1, the State of Haryana, that "However, the Department has kept a post reserved for Ex-servicemen in the subject of Mathematics and will be advertised in due course."

(3.) After hearing the learned counsel for the parties, we find that when a post has already been kept reserved for ex-servicemen and the petitioner is fully qualified for the same, there was no justification whatsoever for not considering him for the same.