ASHWANI KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) ALL the petitioners have a similar grievance that in the manner of assessment of their eligibility for appointment to the post of Physical Training Instructors (PTIs), they were not considered under the relevant category as dependents of ex -servicemen. The reason for rejection although called for the interview was that they had not furnished the dependent certificates in the prescribed format. The petitioners' contention was that many candidates with similar dependent certificates had been considered and selected under ex - servicemen categories and even persons having secured lesser marks had been selected. The petitioners would submit that they had obtained respective certificates from Zila Sainik Board and they had been allotted the respective roll numbers only after being specified that they fulfilled the necessary eligibility. The petitioner No.1 would claim that he had secured more marks than the selected candidates. He would also state that the other candidates, who had filed similar certificates, had been considered but no details of such selected candidates had been given in the writ petition.

(2.) THE written statement has been filed on behalf of the 4th respondent -Secretary, Zila Sainik Board, who would state that the instructions were issued to Zila Sainik Board by the Rajya Sainik Board, Haryana that where qualified ex -servicemen were available, the eligibility certificate for dependents shall not be issued. They had, therefore, issued relationship certificates on their demand and later after a deliberation with the Member of Parliament, Rohtak and in the presence of Secretary, Rajya Sainik Board, eligibility certificates about dependence to ex -servicemen were also issued for the post of JBT teachers. The 4th respondent would, therefore, justify the circumstances under which the eligibility certificates had been issued to the petitioners 1 to 3 and would enclose copies of the same as Annexures R4 to R6.

(3.) THIS contention would seem to be not correct. From the documents filed by the 4th respondent -Zila Sainik Board, Annexure R4, is for Ashwani Kumar, who is the 1st petitioner herein, Annexure R5, is for Prem Singh, who is the 2nd petitioner and Annexure R6, is for Narinder Singh, who is the 3rd petitioner. All have been issued with eligibility certificates and not merely dependent certificates as mentioned therein.