LAWS(P&H)-1999-1-126

RAVINDER KUMAR Vs. STATE OF HARYANA AND OTHERS

Decided On January 12, 1999
RAVINDER KUMAR Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) (Oral) - This petition has been filed for quashing the selection of respondent No.4 for appointment as Lecturer in Physics (Male)(School Cadre).

(2.) A perusal of the averments made in the petition shows that the petitioner, who is B.Sc., MSc and B.Ed and belongs to the Backward Class B category and who is said to be a dependent of an Ex-Serviceman applied for recruitment as Lecturer in Physics in pursuance of the advertisement Annexure P-I issued by the Haryana State Selection Commission. His grievance is that the Commission has recommended respondent No.4 for appointment against the post reserved for Ex-Servicemen Backward Class B category ignoring the fact that the said respondent was not eligible to be considered for appointment against the reserved category of Ex-Servicemen because he was employed as J.B.T. Teacher on the date of submission of application.

(3.) Learned Counsel relied on the judgment of the Supreme Court in Haryana Public Service Commission Vs. Harinder Singh and another, in Civil Appeal No. 1701 of 1993 decided on 5.6.1998 and the judgment of this Court in Romeo Sharma Vs. State of Haryana and others, C.W.P. No.6384 of 1998 decided on 7.10.1998 and submitted that the recommendations made by the Commission in favour of respondent No.4 should be quashed on the ground of arbitrariness, non-application of mind and violation of Articles 14 and 16 of the Constitution of India and a direction be issued to it to recommend the petitioner's name.