BALWAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant Writ Petition filed by two petitioners is directed against the Instructions dtd. 23/1/2018 (P-12) as well as 30/4/2018 (P-13) issued by the Chief Secretary, Haryana. The sole ground of challenge is that vide the impugned Instructions, the reservation for Ex-servicemen in Group A and B posts in State of Haryana has been converted from vertical to horizontal one by sub-division of that specific category without appreciating the fact that a person belonging to a specific category has been granted the benefit of reservation within reservation which is violative of Art 14 and 16 of the Constitution. A Writ of mandamus has also been sought for directing the Respondent No. 2, Haryana Public Service Commission to re-advertise the posts qua Ex-Servicemen category by applying 5% prescribed quota reserved for Ex-Servicemen as vertical reservation in direct recruitment to Class-I and II posts.

(2.) The petitioners herein are the Ex-Servicemen belonging to General Category. They are the applicants for the post of Civil Judge (Junior Division) in Haryana Civil Services (Judicial Branch) advertised by Respondent No. 2 Haryana Public Service Commission vide advertisement No. 01/2021 dtd. 13/1/2021 (P-14). Their grouse in the present petition is that by converting the reservation for Ex-Servicemen from vertical to horizontal and by further sub-dividing the same amongst various categories i.e. unreserved, Scheduled Castes and Backward Class (A&B), the State Government has granted benefit of reservation within reservation i.e. the double reservation to Ex-Servicemen candidates belonging to reserved category falling under vertical reservation whereas, on the contrary, the benefit earlier available to Ex-Servicemen candidates belonging to unreserved category candidates like the petitioners has been considerably curtailed.

(3.) Mr. Vivek Khatri, learned Counsel for the petitioners has argued that in the State of Haryana, initially, the reservation for Ex-Servicemen was a vertical reservation for all Classes of posts. In view of the Judgment of the Supreme Court in Indra Sawhney Vs. Union Of India, 1993(1) SCT 448: 1993 AIR SC 477, the State Government reviewed its existing policy of reservation of Class-Ill and IV posts for Scheduled Castes, Backward Classes, Ex-Servicemen and the Physically Handicapped in the Government jobs and issued revised Instructions dtd. 20/7/1995 (P-7). Vide the said Instructions, the reservation for Ex-Servicemen and Physically disabled in Government jobs in Class III and IV was made horizontal reservation and the same was further sub-divided into Unreserved category and Block 'A' and "B' of Backward Classes. However, no such conversion or change was carried out in reservation for Ex-Servicemen in Class I and II posts and the same continued to be vertical reservation till the issuance of the impugned Instructions.