DHARAM SINGH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THESE cases, being a bunch of 23 writ petitions, involving similar questions of fact and law, were taken up for hearing together and are being disposed of by this common judgment.

(2.) THE facts, in brevity, which have emerged from the record of the case, as also from the arguments raised at the bar, are that in the year 1987, there existed vacancies of Clerks in the State of Haryana, for which selection was held through the Haryana Subordinate Services Selection Board (hereinafter referred to as - the Board). Though the advertisement did not indicate the number of vacancies, the Board conducted the written test and thereafter, select list of 5373 candidates was prepared on 15.10.1989. In accordance with the prescribed procedure, from out of the said list, the Board recommended the names of 1692 candidates for appointment to different Departments, but while making such recommendations, the names of the candidates were not sent in accordance with their merit, but at random. When appointments were made, out of the above referred 1692 candidates, those occupying higher position in the merit list, challenged their appointment by filing writ petitions before this Court. The issue was finally pronounced upon by the Apex Court in Roshni Devi vs. State of Haryana and others - : 1998 (8) SCC 59 by the issuance of the following directions: -

(3.) IN the year 2009, two writ petition being C.W.P. No. 53 of 2009 - Darshan Singh and others vs. State of Haryana and another and C.W.P. No. 3429 of 2009 - Dharam Singh and others vs. State of Haryana and another were filed in this Court seeking appointment as Clerks in pursuance to the above referred selection against the posts reserved for Ex -servicemen. These writ petitions were disposed of vide order dated 03.08.2010 directing the respondent State to appoint the petitioners therein against the posts reserved for Ex -servicemen on the basis of their inter -se seniority. The judgment of the learned Single Judge of this Court in the above referred two writ petitions was taken up in intra -court appeal. The leading case in the bunch of appeals being L.P.A. No. 1509 of 2010 was decided by a Division Bench of this Court on 09.11.2012. After scrutinizing the entire history of the case, the following directions were issued: -