SUBHASH CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is the second bout of litigation by the petitioner , an exservice man seeking by this writ petition under Article 226 of the Constitution of India, a direction to the respondents, to grant him the deemed date of appointment as a J.B.T. Teacher, with effect from 1.9.1999 instead of 23.8.2002 i.e. the date when his junior in the merit list,namely, Ranbir has been appointed as a J.B.T. Teacher in District Gurgaon as per order dated 1.3.1999,Annexure P-4.

(2.) The petitioner along with another ex-service man Ram Mehar Singh had applied for the post of a J.B.T. Teacher under the category of ex-service man in response to advertisement dated 22.12.1997, Annexure P-1 but they along with other ex-service men having the qualification of B.A. B.Ed. were not called for interview by the Staff Selection Commission, Haryana on the pretext that sufficient number of dependents of ex-service men having the qualification of J.B.T. were available. The result of the selection was declared on 9.12.1998. Out 104 posts meant for ex-service men (General) category, only 36 candidates who were ex-service men were selected and the remaining 68 posts of J.B.T. Teachers, reserved for ex-service men (General) were filled up by giving appointment to the candidates belonging to the next preferred category i.e. dependents of exservice men. They were given appointments in different districts of State of Haryana in February/March 1999.

(3.) The petitioner along with Ram Mehar Singh challenged the selection of dependents of ex-service men against 68 posts by filing C.W.P.No. 9754 of 1999 seeking preference in their selection/appointment to the posts of J.B.T. Teachers, as 68 posts reserved for ex-service men had been arbitrarily and illegally filled up by giving appointments to the dependents of ex-service men. The said writ petition was allowed along with another CWP No. 1824 of 1999 on 7.5.2001 (Annexure P-2) and a direction was issued that the claim of the petitioners be considered for selection/appointment to the posts of J.B.T. Teachers in preference to the dependents of ex-service men. The judgment of this Court (Annexure P-2) is stated to have been upheld by the Hon'ble Supreme Court in Special Leave Petition No.1581 of 2002 on 18.2.2002. On the basis of the directions of the High Court in C.W.P. No. 9754 of 1999, the petitioner along with three other ex-service men was interviewed by the Staff Selection Commission, Haryana and their names were recommended to the office of Director Primary Education, Haryana for giving appointment on the post of J.B.T. Teacher in the category reserved for ex-service men.