JAGDISH CHANDER Vs. HARYANA SCHOOL EDUCATION BOARD, BHIWANI

JUDGEMENT

(1.) Haryana School Education Board, Bhiwani (hereinafter called the Board), had advertised 65 posts of Clerks/Typists, vide advertisement issued in the newspaper known as 'Jan Sandesh' on 1st Nov., 1990. Excepting 12 posts, which were meant for general category, the rest of the posts were reserved for various categories, including 18 posts for Ex-servicemen. The petitioner was one of the candidates against the reserved quota for Ex-servicemen.

(2.) Instead of giving appointments to only 65 candidates (the number which was advertised), the Board issued appointment letters to 200 persons. Appointment letters to only 21 Ex-servicemen were issued. Different writ petitions were filed in this Court challenging the appointments of persons beyond 65 persons, which were initially advertised. In the present writ petition, the challenge is that 25% posts out of 200, should have been reserved for Ex-servicemen in accordance with the Haryana Government instructions dated 9th Feb., 1979. In accordance with these instructions, the Board/Haryana Public Service Commission is required that if suitable candidates in a reserved category are not available or are not found suitable, then the Board/Haryana Public Service Commission would advertise those posts of the reserved categories again and in case even for the second time the persons in the reserved category are not available or found suitable, then yet another advertisement would be issued in which indication would be given that if suitable candidates of the reserved categories are not available, then those seats would be filled in from amongst the general category candidates.

(3.) The case of the petitioner is that without following the procedure as laid down in the abovementioned instructions posts beyond 21 from the Ex- Servicemen category were diverted to the general category. In other words, no second or third advertisement was issued by the Board. I find force in this argument. The Board was required to comply with the instructions of the Government, dated 9th Feb., 1979 and if candidates from the Ex-servicemen category were not available, the posts should have been readvertised, as indicated above. However, this does not help the petitioner, inasmuch as vide my judgment in C.W.P. No. 5359 of 1991 (Rama Singh Vs. Haryana School Education Board and others), decided on 15th Jan., 1992, I have held that appointments by the Board beyond the number which was initially advertised was bad in law and liable to be quashed. So diversion of the posts meant for the Ex-servicemen to the general category in the seats beyond 65, does not entitle the petitioner to any relief, as indicated above.