RAM PHAL Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, a candidate for the post of Constable in the Haryana Armed Police is aggrieved by the action of the respondents in appointing persons lower than him in order of merit and arbitrarily denying appointment to him. A few facts may be noticed :

(2.) In Jan. 1990, the Police Department of the State of Haryana decided to fill-up 300 vacancies of constables for the Haryana Armed Police. According to the petitioner, candidates were required to appear before the Selection Committee headed by the Comandent 5th Battalion, Haryana Armed Police, Madhuban, respondent No. 3. The petitioner claims that he appeared before the Selection Committee and having been found suitable. he was sent for medical examination to the Chief Medical Officer, Civil Hospital, Karnal on Jan. 5, 1990. On his having been found to be medically fit, respondent No. 3 wrote to the Superintendent of Police, Kaithal and Deputy Commissioner, Kaithal to verify the character of the petitioner. He avers that his character was found to be good and a report in this behalf was sent vide letter dated May 9, 1990. The petitioner further avers that in the merit list prepared by the authorities, his name appeared at Sr. No. 16. Persons whose names appeared at Sr. No. 17 to 29, were also sent for medical examination to the Chief Medical Officer, Karnal. The grievance of the petitioner is that these persons who were below him in order of merit have been given appointment by respondent No. 3 while he has been left out. It has been further averred that after the petitioner's selection, about 500 persons have been appointed by respondent No. 3 during the last four months. This action has been challenged as being totally arbitrary and violative of Articles 14 and 16 of the Constitution.

(3.) A written statement has been filed by Mr. Surat Singh, Commandant, 5th Battalion, Haryana Armed Police on behalf of all the respondents. It has been inter alia averred that it was proposed by the Director General of Police, Haryana vide his letter dated Dec. 22, 1989 to fill-up 616 vacancies of constables for the Haryana Armed Police by making fresh recruitment. This letter was later on cancelled vide a message dated Jan. 9, 1990. The respondent further avers that even though the petitioner had appeared before him for his measurement alongwith other candidates but no selection committee was instituted and no selection was made. The fact that the petitioner was sent for medical examination and found fit by the Chief Medical Officer as submitted by him in paragraph 3 of the writ petition and the fact that his name appeared Sr. No. 16 in the merit list. has not been denied. It has, however, been stated that "there was no merit list prepared in this office." In reply to paragraph 7 wherein a specific grievance has been made by petitioner that persons who were below him in the merit list from Sr. No. 17 to 29 have been appointed while he has been left out, the respondents aver that "the contents given in this para are admitted only to this extent that some candidates were appointed as constables by respondent No. 3. Rest of the para is wrong and denied." The respondent further state that "There was no merit list prepared and only those candidates are given appointment who were found eligible for the post of constable by the appointing authority."