RAJ KUMAR Vs. GURU JHAMBESHWAR UNIVERSITY AND OTHERS

JUDGEMENT

(1.) On Feb. 8, 1996 Guru Jambheshwar University, Hissar, advertised 14 posts of Data Entry Operators. It was, inter alia, provided that the applications should reach the Deputy Registrar (Accounts) by Feb. 21,1996. The petitioner had submitted his application on Feb. 19,1996. On Jan. 21,1997 he was called upon to appear in a written test. The petitioner took the test held on Jan. 30,1997. He was not selected but respondent No. 3, who is said to be dependent of an ex-serviceman, has been appointed against the post reserved for the ex-servicemen. The petitioner complains that he was eligible and had a better right than respondent No. 3 to be appointed to the post which had been reserved for the category of fex-servicemen.

(2.) The respondents contest the petitioner's claim. In the written statement filed on behalf of respondent Nos. 1 and 2, it has been, inter alia, stated that the petitioner was working as Chief Petty Officer in the Indian Navy. According to the information given by him in the application form, he was due to be released from the service of Indian Navy on June 30,1996. On the last date for submission of the applications, i.e., Feb. 21,1996, the petitioner was not an ex-serviceman. Consequently, he was not eligible to be considered for the post reserved for the ex-servicemen.

(3.) The petitioner has filed a replication. He has placed reliance on the instructions contained in the Navy Order 64/1983. In these instructions it has been, inter alia, provided that "applications for civil employment from serving sailors, whose existing engagement is due to expire" within a year "may be forwarded directly by their respective commanding officers to the prospective civil employees indicating the date after which the sailor will be available for employment..." It has also been provided that "where the employer is unwilling to accept the delay involved till the date of release of the sailor, who is in the one year of service, the sailor may apply for premature release with a certified copy of the employer's letter to the Captain, Bureau of Sailors, Bombay ." The petitioner on the basis of these instructions contends that he was qualified to be treated as an ex-serviceman.