RAMESH KUMAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Challenge has been laid to the impugned order dtd. 1/4/2018 (Annexure P-10), inquiry report dtd. 24/4/2018 (Annexure P-12).

(2.) The petitioner is stated to have contracted Human Immuno Deficiency Virus positive and since then, started working as volunteer social worker in the network of positive people, Bhiwani, 'Drop in Centre', and obtained training as 'Out Reach Worker'. The aforementioned assertions have been spelled out by referring to certificates and participation in programmes as Annexures P-1 to P-5. As per certificate dtd. 12/1/2018, Annexure P-6, had been working as Counsellor since 2014.

(3.) The Haryana Aids Control Society caused an advertisement dtd. 23/2/2018 inviting applications for filing up the posts of Counsellor. There were three posts at Rohtak. Out of which one was reserved for backward class. The petitioner belonging to backward class and being graduate submitted an application but in selection process was kept in waiting list at serial no.1. Reliance was laid to the guidelines Annexure P-8 where the qualification for general category has been prescribed as Post Graduate and for positive person, graduate in any field. In such circumstances, petitioner was the only candidate and eligible and competent from the positive community and thus, was liable to be selected.