Punjab-Haryana High Court
Ritu Singh vs State Of Haryana And Others on 10 December, 2012
Author: Augustine George Masih
Bench: Augustine George Masih
CWP No. 10878 of 2012 -1-
IN THE PUNJAB AND HARYANA HIGH COURT
AT CHANDIGARH
CWP No. 10878 of 2012 (O&M)
Date of Decision: 10.12.2012
Ritu Singh
.........Petitioner
Versus
State of Haryana and others
............ Respondents
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CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present:- Mr. Y.P. Malik, Advocate
for the petitioner.
Mr. Harish Rathee, Sr. DAG, Haryana
for respondents No.1 & 2.
Mr. H.N. Mehtani, Advocate
for respondent No.3.
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AUGUSTINE GEORGE MASIH, J.(ORAL)
C.M. No. 17144 of 2012 Civil miscellaneous is allowed as prayed for.
Affidavit is taken on record.
CWP No. 10878 of 2012 Petitioner, who admittedly is a daughter of a freedom fighter has laid claim for appointment to the post of Veterinary Surgeon on the ground that despite there being posts available, which were reserved for the Ex-servicemen category, the claim of dependents/grand-children of the freedom fighters has not been considered by the respondents, as per the Haryana Govt. instructions dated 26.7.1984 (Annexure P-6). CWP No. 10878 of 2012 -2-
Petitioner contends that despite she having applied and having attached the certificate showing that she was the grand daughter of the freedom fighter her claim has not been considered under the said category. She further contends that her candidature has been considered under the general category and she was interviewed for the said post as a general category candidate but could not make the grade and, therefore, her name was not recommended. She, on this basis, has approached this Court by asserting that the action of the respondents being in violation of the instructions dated 26.7.1984 (Annexure P-6) cannot sustain and the petitioner is entitled to appointment to the post of Veterinary Surgeon, which vacancies are available under the Ex-servicemen category ( hereinafter referred to as ESM).
Notice of motion was issued to the respondents.
Respondents have filed reply and on the basis of the reply filed Mr. H.N. Mehtani, learned counsel for respondent No.3, submits that when the advertisement was issued there was no post reserved for the dependents/ grandchildren of the freedom fighters and, therefore, the question that the claim of the petitioner to be considered under the freedom fighters category does not arise. Commission, accordingly had treated her candidature under the general category and had interviewed the petitioner. Thus, the claim as projected by the petitioner in the present writ petition cannot sustain.
He, however, admitted that the petitioner along with her application had attached the certificate issued by the competent authority that the petitioner was a grand daughter of the freedom fighter.
On the last date of hearing when the case was taken up i.e. on 3.11.2012, following order was passed by this Court :- CWP No. 10878 of 2012 -3-
"Counsel for the petitioner has referred to the result dated 03.02.2012 (Annexure P-9) published by the Haryana Public Service Commission, according to which, candidates for 10th and 13th vacancies were not recommended under the ESM/DESM Category of Haryana due to non-availability of the candidates. He, on this basis, contends that since the petitioner, apart from belonging to the category of Grandchildren of the Freedom Fighters, belongs to the General Category and if any of these two vacancies were of the General Category, the petitioner would be entitled to consideration of her claim for the said vacant post in the light of the Haryana Government instructions dated 26.07.1983 (Annexure P-5).
Counsel for the Commission is directed to file a specific affidavit stating therein as to in which category the two vacancies i.e. No. 10th and 13th fell, for which no candidate was available under the ESM/DESM Category. Direction is also issued for production of the original application form of the petitioner.
Needful be done on or before the next date of hearing. List for further consideration on 10.12.2012. Copy of this order be given dasti under signatures of the Special Secretary of this Court."
In compliance with the order passed by this Court, affidavit of Sh. I.C. Sangwan, Secretary, Haryana Public Service Commission has been filed along with an application. In the said affidavit the factum that there are four posts belonging to the ex-servicemen category, which have remained CWP No. 10878 of 2012 -4- unfilled stands admitted. It has been further stated that the posts reserved for Ex-servicemen were not further classified and were for the general category. The stand of Mr. Mehtani, counsel for the Commission is the same, which has been projected by him in his arguments.
On considering the submissions made by the counsel for the parties and on going through the records of the case, this Court is of the view that the present writ petition deserves to be allowed. The facts are not in dispute. An advertisement dated 1.8.2010 (Annexure P-4) was issued by the Haryana Public Service Commission-respondent No.3. Petitioner applied for the post of Veterinary Surgeon (HVS-II) in Animal Husbandry and Dairying Department, Haryana. 13 posts were reserved for the ex- servicemen category. Out of these 13 posts 9 posts have been filled up, leaving four posts in this category unfilled. Admittedly, petitioner along with her application had attached the certificate issued to her by the competent authority that the petitioner belongs to the category of freedom fighter being granddaughter of the freedom fighter. The candidature of the petitioner under the Freedom Fighters category was not considered on the ground that no post was advertised for this category. However, it is not in dispute that the instructions dated 26.7.1983 (Annexure P-5) are still in force and according to the said instructions the State government had decided to reserve 2% posts in class I, II, III & IV posts in direct recruitment for children of Freedom Fighters subject to the condition that these 2% posts will be available for Freedom Fighters and their children and grand children only if the quota reserved for Ex-servicemen, remains, unfilled due to non-availability of suitable Ex-servicemen, or their dependents.
CWP No. 10878 of 2012 -5-
In the light of these specific instructions issued by the Government of Haryana, which admittedly are still in force, the claim of the petitioner was required to be considered under the Freedom Fighters category. The ground for not considering the claim of the petitioner is that when the advertisement was issued, no post was reserved for the Freedom Fighters category. This stand of the respondents cannot hold the field as the claim of the petitioner would only arise for consideration when no ex- servicemen category candidate is available for filling up the posts.
In view of the above, the present writ petition stands allowed by holding that the claim of the petitioner for consideration under the unfilled posts of Ex-servicemen category is fully justified. However, keeping in view the fact that there would be other candidates also who would fall within the category of Freedom Fighters but their claims have also not been considered in the said category and would have been treated as general category candidates as in the case of the petitioner, direction is issued to the Haryana Public Service Commission-respondent No.3 to consider the claim of the petitioner along with other similarly placed candidates and thereafter recommend such suitable candidate(s) for appointment to the post of Veterinary Surgeon according to their merit within a period of two months from the date of receipt of certified copy of the order.
10.12.2012 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE