JAGDISH GRANDER Vs. HARYANA SCHOOL EDUCATION BOARD

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 November, 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.

(3.) 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 February, 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.