SUSHIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner Sushil Kumar has filed the petition under Article 226/227 of the Constitution of India. The prayer made in this petition is for the issuance of a writ of certiorari for setting aside the order dated August 21,2001 (Annexure P. 4) passed by the Director of Secondary Education,Haryana respondent No. 2. A further prayer has been made for directing respondents to appoint the petitioner as a Lecturer in Mathematics (School Cadre) against the vacancies which have become available between the period of advertisement dated January 22, 1995 and within six months after the declaration of the result, namely, September 2,1996.

(2.) FACTS . An advertisement was issued by the Subordinate Services Selection Board, Haryana (hereinafter referred to as the Selection Board) on January 22,1995 advertising 253 posts of various faculties of the Lecturers (School Cadre) for the Education Department in the State of Haryana. A Copy of the aforesaid advertisement has been appended as Annexure P. 1 with the petition. On October 10,1995 certain more post were advertised by the Selection Board. A copy of the second advertisement has been appended as Annexure P. 2 with the petition. The petitioner Was eligible for the post of Lecturer in Mathematics (School Cadre). Accordingly, he applied. The petitioner was allotted roll No. 371. On October 11, 1995 he was interviewed. On March 2, 1996, the result for the posts of Lecturers in Mathematics (School Cadre) was declared and published in daily newspaper including "The Tribune ''. The roll number of the petitioner was in the list of the selected candidates. However, the Director of Secondary Education, Haryana respondent No. 2 issued appointment letters to 32 candidates for the post of Lecturers in Mathematics (School Carde) selected by the Selection Board. The petitioner was not issued any such appointment letter. The petitioner claimed that although more than 24 posts of Lecturers in Mathematics (School Cadre) were lying vacant at that time when the Selection was held but still the aforesaid posts were not filled up and the petitioner was not offered the appointment letter. The petitioner made representations to the respondents to issue him appointment letter. Ultimately, he approached this Court through a Civil Writ Petition No. 5245 of 2001. Vide order dated April 16,2001, a Division Bench of this Court disposed of writ petition with a direction to the respondents to decide the representation filed by the petitioner. A copy of the order passed by this Court on April 16, 2001 has been appended as Annexure P. 3 with the petition.

(3.) THE petitioner has stated in the petition that in the advertisement which had appeared on October 11, 1995 (Annexure P. 2 it was specifically stated that the applicant who had applied earlier and whose result had not been declared earlier need not apply again and only those eligible candidates who had not applied in response to the earlier advertisement need apply again. The petitioner further states that Haryana Government vide letter dated October 28,1993 had issued detailed instructions regarding appointment of candidates from the waiting list. In the aforesaid instructions it has been made clear that the candidates - from the waiting list would be appointed against such vacancies which would become avail able within six months from the receipt of the recommendation. On the basis of the aforesaid instructions, the petitioner has claimed that he was entitled to get appointment as a Lecturer in Mathematics (school Cadre) against the vacancies which had become available within six months from the receipt of the recommendation from the Selection Board. A copy of the aforesaid Instructions dated August 28, 1993 has been appended as Annexure P. 5 with the petition.