MAJ DEEPAK VAISHNAV Vs. HARYANA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) This order of mine shall dispose of two writ petitions bearing No.16637 of 2019 and 17360 of 2019 seeking quashing of result dated 21.05.2019 (Annexure P-7) qua Ex Serviceman BCA Category and Ex-Serviceman category to be not in accordance with Instructions dated 6.3.1972 (Annexure P-4) attached with CWP No.16637 of 2019. Facts are being enumerated from CWP No.16637 of 2019.

(2.) Mr. Sachin Jain, learned counsel appearing for petitioner(s) submitted that petitioner being ex-serviceman retired from Indian Army under Short Service Commission having disability of 20% as per Annexure P-1. Petitioner also belongs to OBC A category (Non Creamy Layer). Haryana Public Service Commission caused advertisement No.3 dated 2.8.2018 (Annexure P-3) inviting applications for recruitment on 166 posts providing 5% reservation for Ex-servicemen (ESM). The publication clearly specified that reservation will be utilized as per Instructions dated 06.03.1972. A disabled Ex-serviceman having disability between 20% to 50% have to be given preference first than Ex-serviceman.

(3.) Being eligible, petitioners applied for above said posts on 1.9.2018 by annexing disability certificate reflecting disability between 20% to 50%. Accordingly, petitioner was issued roll number (Anneuxre P-6). As per policy of Haryana Public Service Commission, 12 times candidates against the vacancy for main examination are required to be shortlisted. Accordingly, 12 candidates of OBC A category were required to be shortlisted. Petitioner was sanguine of selection but was flabbergasted noticing result that he was not found selected.