RAM KARAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner herein, who belongs to the category of Scheduled Castes was a candidate for the post of Assistant Food and Supplies Officer advertised by the Subordinate Services Selection Board, Haryana. In the merit list prepared by the Board, the petitioner was placed at Sr. No. 21. In the merit list for the category of Scheduled Castes, the petitionees name appeared at Sr. No. 4. When the State did not give him any offer of appointment in spite of his selection, he filed a C.W.P. No. 694 of 1983.

(2.) In reply to this writ petition, it was averred on behalf of the respondents that no person "below the petitioner in the selection list of Scheduled Caste has been appointed". On this premises the petition was dismissed. Subsequently, the persons whose names appeared at Sr. Nos. 24 and 25 of the merit list, i.e. below the petitioner, have been appointed without making any offer to the petitioner. Aggrieved by this action, the petitioner represented. Having failed to get any favourable reply, he has approached this Court through the present writ petition.

(3.) In the written statement filed on behalf of the respondents, it has been inter alia mentioned that vide letter dated May 6, 1987 the Subordinate Services Selection Board advised that "Shri Ramesh Singh, whose name appeared at Sr. No. 25 in the said Selection list, be treated, with retrospective effect, as a candidate belonging to the Ex-servicemen category. Under this advice the said Shri Ramesh Singh became retrospectively eligible for appointment as Assistant Food and Supplies Officer against the 12th vacancy of Ex-servicemen category and was appointed in November 1987 after the Government revalidated the waiting list of the S.S.S. Board, which was revalidated only to the extent of offering appointment to Shri Ramesh Singh." With regard to Mr. Krishan Kumar Mahlan, respondent No. 3, it has been mentioned that he was the dependent of an ex-serviceman and the appointment order was passed in his favour in pursuance to the directions given by this Court in CWP No. 9682 of 1987. On this premises, the action in appointing persons below the petitioner in order of merit is sought to be justified.