RAM KUMAR; POONAM RATHEE Vs. STATE OF HARYANA

JUDGEMENT

(1.) These two petitions have been filed for directing the respondents 1 and 2 to appoint the petitioners as clerks from the date persons less meritorious than them have been appointed.

(2.) Some facts:-

(3.) Petitioner No.1 - Ram Kumar belongs to Backward Class (B category). Petitioners 2 and 3 belong to Scheduled Castes (B category). All of them applied for recruitment as Clerks in response to the advertisement No.9 of 1995 issued by the Subordinate Services Selection Board, Haryana (herein-after referred to as 'the Board'). They appeared in the written test conducted by the Board. The names of the petitioners were placed at S.Nos.91,418 and 553 respectively in the combined merit list got published by the Board. The petitioners have pleaded that their names were recommended by the respondent - Board to the Director, Industries, Haryana (for petitioner No. l) and to the Chief Secretary, Government of Haryana (for petitioners 2 and 3) but they have not been appointed, but at the same time, a large number of persons placed below them in the merit list have been appointed in different Government departments. The petitioners have furnished the details of two such appointments by stating that Devender Kumar who belongs to Backward Class (B category) and whose name figured at S.No.749 in the merit list has been appointed in the office of the Deputy Commissioner, Kurukshetra. Similarly, Shri Darshan Lal (Scheduled Caste - B category) whose serial number was 1207 in the merit list has also been appointed as clerk in the office of the Deputy Commissioner, Kurukshetra. Both of these persons have been added as respondents 4 and 5 to the writ petitioner. Grievance of the petitioners is that the action of the official respondents in violating the merit list prepared by the Board amounts to infringement of their fundamental right to equality before law in the matter of employment which is guaranteed by Article 16 of the Constitution. The petitioners have also pleaded that on the basis of selection made by the Board a right has come to vest in them for appointment as Class-III employees and there is no rhyme or reason for the respondents to overlook their candidature.