DEVINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The only issues which arises for adjudication in this petition is whether the respondent No. 4 was eligible to be considred for recruitment to Haryana Civil Service (Judicial Branch).

(2.) Briefly stated, the facts of the case are that the petitioner, the respondent No. 4 and others applied for recruitment to Haryana Civil Service (Judicial Branch) in response to the advertisement No. 2 of 1995 issued by the Haryana Public Service Commission (hereinafter referred to as 'the Commission'). The petitioner as well as the respondent No. 4 claimed consideration of their cases against the posts reserved for Backward Classes.

(3.) On the basis of the selection made by the Commission, the name of the respondent No. 4 came to be placed at S.No. 18 and that of the petitioner at S.No. 19. The respondent No. 4 filed C.W.P. No. 6092 of 1996 questioning the decision of the government to appoint Ms. Alka Yadav and Shri Nazar Singh against the posts reserved for Backward Classes on the ground that they were eligible and entitled to be appointed against the general category posts. Shri Mohinder Singh whose name appeared at S.No. 17 in the select list of Backward Classes also filed C.W.P. No. 5245 of 1996. While allowing those petitions, a learned Single Judge declared that Ms. Alka Yadav and Shri Nazar Singh will be deemed to have been appointed against general category posts on the basis of their overall merit and the reserved posts vacated by them shall be offered to the candidates belonging to the Backward Classes who were placed below them. In compliance of the direction given by the Court, the respondent-Government appointed Shri Mohinder Singh and the respondent No. 4 to the service.