JAGDISH SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Whether petitioners who are higher in order of merit in the Select List for H.C.S. (Executive Branch) as determined by the Haryana Public Service Commission (for brevity, 'HPSC') be denied appointment after persons lower in order of merit have been appointed is the pristine question raised in this petition filed under Article 226 of the Constitution of India. The petitioners have prayed for issuance of a writ in the nature of mandamus directing the respondents to consider and appoint the petitioners to H.C.S. (Executive Branch) in accordance with their merit position secured by them in the select list of 1993 conducted by respondent No. 2 i.e. H.P.S.C. A further prayer has also been made that the posts be filled up in accordance with the vacancies available on the date of declaration of result.

(2.) Brief facts of the case are that HPSC advertised 12 vacancies of H.C.S. (Executive Branch) in 1992. Nine vacancies were allocated to General category and three were reserved. In addition a large number of vacancies in Allied Services were also advertised. The petitioner duly appeared in the examination conducted in October, 1993. The result of the written examination was scrapped on account of internal wranglings of the Commission. The order of scrapping the examination was challenged before this Court in Civil Writ Petition No. 8584 of 1994 and in other connected matters. A Division Bench of this Court upheld the written examination and quashed the order of cancellation of examination. It was further directed that the interview be held by the Punjab Public Service Commission. On appeal to the Supreme Court the last direction was modified by the Supreme Court by holding that the result should be finalised by the HPSC. Eventually, the result of the written examination was declared on 21.1.1996 and both the petitioners were called for interview. The final result after the interview was declared on 15.3.1996. It is pertinent to mention that in the meanwhile, a revised/additional requisition had been sent to HPSC by the Government in November, 1994, wherein the number of posts of Class 'A' Tehsildars was raised from 9 to 13 and Block Development and Panchayat Officers from 10 to 17 and one additional post of District Food and Supplies Controller was also added raising the number from 62 to 74 (Annexure P-8). On 24.5.1996 these additional posts from general category were again advertised.

(3.) Sarvshri Sandeep Singh and Lalit Kumar filed Civil Writ Petition No. 6987 of 1996 claiming that they are entitled to be considered and appointed to H.C.S. (Executive Branch) on anticipated vacancies which may have arisen in addition to the advertised vacancies despite the fact that in order of merit they were beyond serial No. 9. A Division Bench of this court dismissed their petition on 3.11.1998 and they filed Special Leave Petition No. 10298 of 1999. The special leave petition was granted and it became Civil Appeal No. 7422 of 1999. Both the petitioners filed I.A. Nos. 2 and 3 in the aforementioned Civil Appeal, titled 'Sandeep Singh and another v. State of Haryana' for being impleaded as parties. The prayer of the petitioners emanated from the fact that Sandeep Singh and Lalit Kumar were at serial Nos. 12 and 17 in the order of merit respectively whereas the petitioners were at serial Nos. 13 and 14 in order of merit in the select list of 1993. Both the applications of the petitioners were dismissed on 10.4.2000 and 4.5.2000 by relegating them to first approach the High Court under Article 226 of the Constitution. The orders passed by the Supreme Court are Annexures P-12 and P-13 with the writ petition. It is, however, appropriate to mention that Sarvshri Varinder Dahiya and Varinder Lather who are at serial Nos. 10 and 19 respectively were allowed to be impleaded as party by the Supreme Court in Civil Appeal No. 7422 of 1999.