PAWAN KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner is praying for issuance of a writ in the nature of mandamus directing the respondents to consider him for appointment to the post of Assistant Sub Inspector of Police against the reserved vacancies and for issuance of a writ of Quo Warranto commanding the Respondent No. 3, to vacate the post for appointment of the petitioner.

(2.) So far as the challenge to the appointment of Respondent No. 3 is concerned, the petitioner at the time of admission of the writ petition made a statement through his counsel that he does not challenge the appointment of Respondent No. 3.

(3.) The undisputed facts of the case which emerge from the pleadings of the parties are that Subordinate Services Selection Board, Haryana, (for short the Board) on requisition sent by the Police Department declared the selection of 52 candidates, out of which 31 were of general category, 6 of backward classes, 8 of Scheduled Castes and 7 of the ex-servicemen. On receiving further demand 7 more candidates of general category were recommended to the department for the post of Assistant Sub Inspector in order of their merit out of additional selection list. It is also not in dispute that reservation for Scheduled Castes and Scheduled Tribes is 20%. Out of 59 posts, 12 posts were required to be given to Scheduled Castes and Scheduled Tribes category candidates whereas only 8 posts have been given to the Scheduled Castes.' Thus, leaving a short fall of 4 posts to their share. It is also not in dispute that the petitioner had qualified the written and physical test and also appeared for viva-voce.