MISS MALLIKA DAS Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has sought a mandate to respondents No. 1 and 2 to appoint her on the post of scientific Engineer (Group 'B') as she had been selected by respondent No. 4, the Haryana Public Service Commission and quash the order contained in letter No. 66/14/91-79SI, dated January 10, 1991, by which one post of Scientific Engineer (Group-B) was taken out of the purview of Haryana Public Service Commission, in this petition under Articles 226/227 of the Constitution of India.

(2.) The facts:-

(3.) The facts as found established on records in unmistakable terms suggest that the State of Haryana and the Department of Science and Technology have not acted fairly. The Commission had advertised two posts of Scientific Engineers (Group B) and the petitioner's name was placed at serial No. 2 of the merit list. Respondent No. 3 applied for one of such posts. His claim was duly considered by the Commission, but he was not selected. The obvious inference is that the candidates who were not selected by the Commission for appointment were not found fit. The petitioner has averred in para No. 6 of the writ petition that respondent No. 3 applied for the post of Scinetific Engineer (Group-B) and competed along with her, but he was not found fit for selection by the Commission. It will be useful to reproduce the relevant averments made in paragraph 6 of the petition:-