ANIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) A recruitment process for filling up 204 posts of Firemen in Urban Local Bodies Department, Haryana, was initiated through public advertisement No.3/2008 inserted in the print media on 7.6.2008. The petitioner's candidature as dependent of ex-serviceman category (DESM-General) was rejected since he did not append the eligibility certificate of the Zila Sainik Board concerned with the application form in proof of claim based on reservation. Accordingly, his candidature was considered in general category where he did not make it on merit since he only secured 37.15 marks as against 41.43 marks obtained by the last selected general category candidate. The eligibility certificate subsequently obtained on 1.7.2009 was after the cut-off date meant for determining eligibility.

(2.) The cut-off date fixed in the advertisement was 7.7.2008. Merely because a vacant post in the category of ex-serviceman was available which could not be filled under the recruitment process-2008 it would not create a right in favour of the petitioner for appointment on the strength of the certificate dated 1.7.2009 (P-4). There was a term and condition in the advertisement which required candidates of Haryana to attach fresh eligibility certificates to claim benefit of horizontal reservation. Therefore, the dependent of ex-serviceman certificate dated 29.5.2006 could not be considered as a fresh certificate from the point of view of the cut-off date, i.e. 7.7.2008. The term in the advertisement reads thus:

(3.) Heard the learned counsel for the parties.