AJAY SIWACH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Can the Government make recruitment in excess of the posts advertised by it ? This is the short question that arises for consideration in the present case.

(2.) A few facts may be noticed.

(3.) The Haryana Public Service Commission advertised four posts of Labour- cum-Conciliation Officers. One of these posts was reserved for the members of Scheduled Castes. The candidates were required to submit their applications on or before April 18, 1994. The Essential Qualifications including a Degree in Law or a Degree in Labour Welfare from a recognised University/Institution were prescribed. The Commission made the selection. The four selected candidates were appointed. The petitioner who did not possess the prescribed qualifications by the last date for submission of applications but had acquired these qualifications in September 1994 apprehended that the Government was going to appoint two candidates viz. respondents 3 and 4 who were in the waiting list, to the posts of Labour-cum-Conciliation Officers. He alleges that this action of the Government is arbitrary and violative of Articles 14 and 16 of the Constitution of India as the candidates who have now become eligible would be deprived of their right to be considered for these posts. He, consequently, prays that the Government should be directed to advertise the two posts and restrained from appointing respondents 3 and 4.