AJIT SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The following questions have been referred by the learned Single Judge for the decision by the Larger Bench:

(2.) The said questions have arisen in view of the fact that the petitioner applied for a post of Assistant District CWP No.18738 of 2009 Attorney (Group-B) in the Prosecution Department, as an Ex-serviceman. 54 posts were advertised out of which, 3 posts were meant for Exservicemen category. It is the contention of the petitioner that the candidate with Roll No. 2484 has obtained 442.66 marks, which is more than 442.00 marks obtained by last General category candidate, thus, the said candidate bearing Roll No.2484 has to be treated as General category candidate and consequently, he being the next in the merit-list of Ex-servicemen category is entitled to be appointed as Assistant District Attorney.

(3.) The petitioner has relied upon instructions dated 25.06.1997, whereby respect of candidates belonging to Scheduled Castes and Backward Classes, it has been clarified that a candidate of such category is selected on his own merit, then such candidate should be reduced from the reservation quota meant for that category. Reference is also placed upon a judgment of Division Bench of this Court in CWP No.5245 of 1996 decided on 22.8.1996 titled Mahender Singh Vs. State of Haryana and others , whereby candidates belonging to reserved categories i.e. Backward Class were ordered to be appointed against the General category on their own merit without the help of reservation. It is, thus, contended that since the candidate with Roll No.2484 has obtained more marks than the last General category candidate, therefore, such candidate is to be treated in the merit list of General category candidate and the petitioner be recommended for appointment against the 3rd post meant for Ex-serviceman.