RAJBIR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Selection made by the Haryana Public Service Commission (hereinafter referred to as 'the Commission) for recruitment to Haryana Forests Service (Group-B) in the year 1985-86 has been challenged in this writ petition filed on 14.2.1996. The petitioner has prayed not only for quashing the selection made by the Commission but also for issue of a mandamus to the respondents Nos.1 and 2 to fill the reserved seats meant for Scheduled Castes candidates by first considering Backward Classes candidates on account of the non-availability of candidates belonging to Scheduled Castes. He has also prayed for quashing of the selection and appointment of respondent No.3.

(2.) Since the petitioner as well as the respondent No.3 had earlier litigated in this Court and also in the Supreme Court, it is necessary to set out some of the facts. In the year 1979-80, the Commission advertised 4 posts for recruitment to Haryana Forests Service. Of these, 3 were earmarked for the General Category and 1 for Scheduled Castes. On account of non- availability of reserve category candidate, the fourth post was also filled by appointing a General Category candidate. On 22.11.1985, the Commission issued another advertisement (Annexure-P.l) for recruitment to Haryana Forest Service (Group- B). Out of the three posts notified by the Commission, two were reserved for Scheduled Castes of Haryana. The petitioner, respondent No.3 Shri Mohinder Singh Malik and others applied in pursuance of the advertisement Annexure-P. 1. Eligible candidates were asked to appear in the written test. That was followed by physical test. Eight candidates qualified the physical test. Petitioner, respondent No.3 and Shri Mohinder Singh Malik were among those eight persons.

(3.) It is revealed from the record that the Commission recommended the name of Shri Mohinder Singh Malik for appointment against the General Category vacancy and the Government appointed the said Shri Malik to the Haryana Forest Service (Group-B). Shri Mahabir Parshad Sharma represented to the Government that he should have been appointed instead of Shri Mohinder Singh Malik because his name figured at No. 1 in the merit list prepared by the Commission. Shri Mahabir Parshad filed Civil Writ Petition No. 1300 of 1990 and prayed for issue of a direction to the respondents to appoint him to the Haryana Forest Service (Group- B). A learned single Judge allowed the writ petition on 8.7.1991 and directed the respondents to appoint Shri Mahabir Parshad Sharma. Since no appeal was filed against the judgment of the learned single Judge, the same became final and in compliance of the same, the respondent No.l appointed Shri Mahabir Parshad Sharma vide order dated 8.7.1991.