SHARWAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment of mine will dispose of Civil Writ Petition Nos. 9783 and 9814 of 1988, filed by Sharwan Kumar and Rameshwar, respectively, as in both the cases identical questions of law and facts are involved. In both the writ petitions, the petitioners have challenged the selection of general category candidates for four posts of Forest Rangers (Stipendiary) of Forest Department. The petitioners have challenged the selections on the ground that in view of the instructions issued by the State of Haryana vide No. 22/43/86-3 GSIII dated 30.7.1986, in the event of non-availability of Scheduled Caste candidates, the posts should have been filled up from amongst the candidates belonging to Backward Classes. The petitioners having belonged to Backward Class ( Sunar) had a prior right of selection in view of the instructions ibid.

(2.) Facts in regard to the filing of this writ petition are that Subordinate Services Selection Board, Haryana, vide advertisement No. 4 of 1988, which was published in the Sunday Tribune dated 11.9.1988, advertised four spots of Forest Rangers (Stipendiary) of Forest Department, which were reserved for Scheduled Caste candidates. There was a condition in the advertisement that if suitable candidates of Scheduled Caste are not available then the posts reserved can be filled from general category candidates. Requisite educational qualification for the posts were : Intermediate from recognised university or its equivalent with two more of the following subjects :-

(3.) The State of Haryana has vehemently contested the claim of the petitioners on the ground that the instructions have no relevancy in the matter. The spots are of technical nature and, therefore, cannot be filled from backward Classes and no third advertisement was required.