AZAD SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) The Haryana Subordinate Services Selection Board, Chandigarh, respondent No. 2, advertised 11 posts of Assistant Food and Supplies Officers. The petitioner also applied for the same and was interviewed by respondent No. 2. A merit list of 28 candidates was prepared in which the name of petitioner per merit figured at serial No. 10. Appointment orders were issued to candidates shown at serial Nos. 19 and 25 in the merit list. To the great dismay of the petitioner, though he was higher in merit, no appointment order was issued to him. The petitioner has consequently filed this writ petition seeking mandamus to the respondents to appoint him as Assistant Food and Supplies Officer.

(2.) The case of the petitioner is that Ramesh Singh respondent No. 3 and Narinder Kumar respondent No. 4 who were at serial Nos. 25 and 19 respectively in the merit list, were selected in the General Category along with the petitioner who was at serial No. 10 in the merit list. The action of the respondents in not issuing appointment letter to him is violative of Articles 14 and 16 of the Constitution.

(3.) The State of Haryana in para 2 of the written statement has admitted that the petitioner was higher in merit in comparison to respondents 3 and 4 but at the same time has stated that the petitioner was not given appointment as vacancy in the general category was not available and respondents 3 and 4 have been appointed against the reserved vacancies for backward classes and dependents of ex-servicemen category. Learned counsel for the State has further stated that Secretary, Subordinate Services Selection Board, Haryana, had intimated to the Director, Food and Supplies, Haryana, that respondent No. 3 belonged to backward category, and that said correction in the record be made. It was in view of this correction made in the record that the appointments to respondent Nos. 3 and 4 were given.