SATPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Four posts of Carpenter Instructors for Industrial Training Department were advertised by the Subordinate Service Selection Board, Haryana. The last date for receipt of the applications was fixed as August 7, 1981. Copy of the advertisement has been annexed as Annexure P-1 with this writ petition. Out of the four posts advertised, one was reserved for Scheduled Caste and one for the Ex-Servicemen. It is evident from the advertisement and it is admitted case of the parties that no post was reserved for the backward class. The petitioner applied in response to the above mentioned advertisement for the post in question. According to the petitioner, there was a column in the application to indicate if he (petitioner) belonged to the category of Scheduled caste or backward class. Since the petitioner belongs to a backward class category, he had mentioned in the application that he belonged to the backward class category. The Subordinate Services Selection Board took its own time to select the persons in response to the above mentioned advertisement and it was on January 15, 1986, vide Annexure P-2, that the Subordinate Services Selection Board informed the petitioner that he had been selected for the post. The letter addressed to the petitioner reads as under :

(2.) The Board have recommended your name to the Director, Industrial Training and Vocational Education, Haryana, Chandigarh, for appointment as Carpenter Instructor. Your name appears at serial No. 2 of the merit list."

(3.) On the other hand, the case of the respondents is that the recommendations at serial Nos. 2, 3 and 4 were made against the backward class category and since there was no reservation in the said category, the petitioner and persons at Nos. 3 and 4 could not be appointed and that is why the Subordinate Services Selection Board was asked to readvertise three posts which it did.