DEVENDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ of mandamus directing the respondents to appoint the petitioner on the post of Lecturer in Mathematics (Male) School Cadre in the Secondary Education Department Haryana strictly in terms of the inter se merit of the select list finalised by the Subordinate Services Selection Board (hereinafter referred to as the Board); further prayer made is that respondents be directed not to discriminate against the petitioner in the matter of appointment on the post of Lecturer by offering appointments to the candidates lower in merit than the petitioner.

(2.) Board issued Advertisement No. 1/1995 on 22.1.1995 inviting applications for the posts of Lecturers in different subjects including the subject of Mathematics. In the subject of mathematics there were 8 posts of General Category, 3 for SC, 1 for B.C. and 3 for Ex Servicemen category (for short referred to as E.S.M.). Interviews/selections however were not made against the posts advertised vide Advertisement No. 1 of 1995 and in the mean time some more posts of Lecturers (Male) in Mathematics were further required to be filled for which another Advertisement No. 7/1995 was issued on 10.10.1995 by the Board. For the subject of mathematics there were 24 posts in the General Category, 9 for S.C. category, 5 for B.C.A., 4 for B.C.B. and 5 for E.S.M. Besides one vacancy which was likely to become available upto 31.3.1996 for S.C. category was also requisitioned against Advertisement No. 7 of 1995. By combining the posts advertised by two advertisements i.e. 1/1995 and 7/1995 for the subject of Mathematics, there were 32 posts in the General Category, 13 for S.C., 6 for B.C.A., 4 for B.C.B. and 8 for E.S.M. category for Lecturers (Males) School Cadre. Posts which were advertised vide advertisement No. 1/1995 dated 22.1.1995 were clubbed for appointment with the posts required to be filled vide advertisement No. 7.(1) 1995.

(3.) Petitioner is a dependent of Freedom Fighter as grand-father of the petitioner Kanhaya Lal was a Freedom Fighter. Petitioner has annexed a certificate issued by the Deputy Commissioner, Rohtak, claiming that petitioner is a grandson of Kanhaya Lal who was a Freedom Fighter. In terms of the Govt. of Haryana policy on reservation of various categories of candidates a dependent of Freedom Fighter is also considered under the category E.S.M. subject to the non-availability of suitable E.S.M. candidate. Since the petitioner was a dependent of Freedom Fighter he had also applied for the post of Lecturer (Male) School Cadre for the subject of Mathematics under the Category of dependent of Freedom Fighters. He was allotted Roll No. 591. On the basis of over all performance of the petitioner, he was placed at Serial No. 32 in the over all merit of selected candidates which was finally recommended by the Board. Result of the selected candidates was declared on 18.2.1996 and select list was prepared and notified. In all, 77 candidates were finally recommended in order of their merit including General Category, SC, BC, ESM/DESM. Petitioner's name finds mention at Serial No. 32 in the over all merit list i.e. within 32 number of post advertised in the general category in terms of the combined number of vacancies advertised vide advertisements No. 1/1995 and 7/1995. Case of the petitioner is that persons junior to him in the merit list in the General Category have been given letters of appointment ignoring the claim of the petitioner presumably on the pretext that since the petitioner applied under the category of dependent of Freedom Fighters, therefore, his case would not be considered against a seat in the General Category.