MEHAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The issue raised in the instant petition is for quashing the selection of 1056 Science Masters, the result of which has been declared on 4.6.2008 published in Dainik Tribune. A further direction has been sought that the respondents shall consider 2% quota for the children of freedom fighter as per instructions dated 23.7.1984 (P-6) and 26.11.1985 (P-7). The petitioner has also prayed for setting aside the children/grand children of freedom fighter shall be carved quota carved out reserving seats for them instead of granting them benefit only in respect of rests remained vacant after exhausting the quota for Ex-serviceman.

(2.) It is conceded position that as per the result declared on 5.6.2008. (P-8) all the seats concerning Ex-servicemen and General (Male) have been filled up. No post belonging the aforementioned categories has remained vacant. According to the instructions dated 26.7.1984 (P-6) and 26.11.1985 (P-7), the children/grand children of freedom fighters could be considered to the extent of 2% posts only if the seats remained vacant after exhausting the quota reserved for the Ex-serviceman Category. Therefore, the relief claimed by the petitioner cannot be granted once all the posts in that category have been filled up.

(3.) The other argument that the respondent-State of Haryana must provide reservation to the children/grand children of freedom fighters to the extent of 2% has failed to impress us because learned counsel has not been able to substantiate as to how in law he can apply for such a direction. It is well settled that reservation is provided at the discretion of the State Government and it cannot be mandate of law. Even Article 16(4) of the Constitution enables/empowers the State to provide reservation. Moreover policy matters are decided by the State after taking into account the various factors. Such policy matters cannot ordinarily be tinkered with by the courts, as has been held by Hon'ble the Supreme Court in Jitendra Kumar v. State of Haryana, 2008 2 SCC 161and Nair Service Society v. State of Kerala, 2007 4 SCC 1.