GAJE SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) These two petitions involve determination of an identical claim made by the petitioners for appointment as Constables in the service of the Police Department of the Government of Haryana on the basis of selection made in the month of September, 1991. In view of the similarity of the relief claimed by the petitioners, these two petitions are being decided by a common order.

(2.) Recruitment to the posts of Constables in various districts of the State of Haryana was initiated by the Director General of Police who gave detailed directions vide his letter dated 11.9.1991 to the various district heads. In compliance with the directions given by respondent No. 2 Superintendent of Police, Sonepat, issued an advertisement in response to which the petitioner Gaje Singh also submitted his application. A similar advertisement was issued by the Superintendent of Police, Karnal, and petitioner Ram Niwas applied for recruitment as Constable in district Karnal. Both the petitioners cleared the eligibility test conducted by the Superintendents of Police of Sonepat and Karnal respectively. The eligibility test included scrutiny of the educational qualifications, age, measurement of height and chest etc. The candidates who cleared the eligibility test were directed to report to the Selection Board at Madhuban which was constituted for adjudging the physical fitness of the candidates. Both the petitioners have made a categorical assertion that they passed the physical fitness test and their names were included in the select list prepared by the Selection Board. In para 3 of C.W.P. No. 5473 of 1993, the petitioner Gaje Singh has stated that his name was placed at No. 6 in the merit list of 20 candidates which was displayed by the Superintendent of Police, Sonepat, on 16.10.1991. Similarly, petitioner Ram Niwas has stated that he cleared the physical fitness test and his name was included at Sr. No. 8 in the order of merit in the list of 16 candidates belonging to backward classes. Both the petitioners have alleged that their respective Superintendents of Police had sent them for medical examination and their character antecedents were also verified from different sources. They have pleaded that on the basis of selection made by the duly constituted Selection Boards, they acquired a right to be appointed as Constables but the respondents did not take any action to issue appointment orders in their favour and allot constabulary numbers to them. They made several representations to the departmental authorities and even served legal notices. Petitioners have further pleaded that denial of appointment to them amounts to denial of right of equality and the respondents have without any reason or rhyme withheld allotment of constabulary numbers to them despite inclusion of their names in the merit lists. Petitioner Ram Niwas has raised an additional plea, namely, that being a member of the backward classes category he is entitled to preferential treatment in respect of reserved vacancies.

(3.) In their separate replies, the respondents have not disputed the averments made in the writ petitions that the petitioners passed the eligibility test and also cleared the physical fitness test held at Madhuban. In para 2 of the reply to C.W.P. No. 5473 of 1993, the following statement has been made by the respondents :-