Punjab-Haryana High Court
Mukesh Kumar vs State Of Haryana And Anr on 6 February, 2015
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CWP No.1909 of 2015
Date of decision:06.02.2015
Mukesh Kumar ... Petitioner
Vs.
State of Haryana & another ... Respondents
CORAM: HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA.
Present: Mr. R.K. Malik, Sr. Advocate with
Mr. Ramandeep Singh, Advocate for the petitioner.
.....
TEJINDER SINGH DHINDSA, J.
The petitioner, who belongs to the reserved BC-B category has filed the instant writ petition praying for the issuance of a writ of mandamus to direct the respondents to consider his claim for appointment to the post of Driver.
Briefly noticed, the Transport Department, Haryana issued advertisement in December, 2012, advertising 1513 posts of Heavy Vehicle Drivers and out of which, 135 posts were reserved for BC-B category. The petitioner, who claims to be eligible as per the advertisement applied against the BC-B category and was subjected to a process of selection. In the result that was declared on 10.01.2014, the name of the petitioner figured at Sr. No.11 in the waiting list of BC-B category.
It is the assertion made by learned senior counsel appearing for the petitioner that 2 posts were earmarked for outstanding sports persons of BC-B category and both these posts remained vacant on account of non-availability of candidates. It is further contended that as per information HARJEET KAUR 2015.02.09 04:21 I attest to the accuracy and authenticity of this document CWP No.1909 of 2015 -2- obtained under the Right to Information Act, 2005, 9 posts of BC-B category have remained vacant for the reason that the driving licenses of 9 candidates of BC-B category, who otherwise were in the merit list were found bogus.
Counsel would refer to the instructions dated 07.10.2008 issued by the Chief Secretary, Government of Haryana at Annexure P-3 on the subject for reservation of jobs for outstanding sports persons in Group C & D in direct recruitment and as per which, the State Government had taken a decision that if suitable candidates of outstanding sports persons are not available in a particular category, then the vacancies are to be filled up from amongst the main category. Reliance has also been placed upon another set of instructions dated 07.10.1998 issued by the Chief Secretary, Government of Haryana at Annexure P-4 on the subject of appointment of candidates out of the waiting list prepared by the Haryana Staff Selection Commission and as per which, the waiting list is to be operated and appointments there from are only to be made if a candidate from the original merit list does not assume charge to the post or if the vacancy remains unfilled for any other reason.
The precise submission raised by learned senior counsel is that 9 posts of BC-B category having remained vacant on account of driving licenses of meritorious candidates having been found bogus and the two posts earmarked for outstanding sports persons of BC-B category also having remained vacant on account of non-availability of candidates, the instructions dated 07.10.2008 at Annexure P-3 and 07.10.1998 at Annexure P-4 would come into play and the present petitioner, who is at Sr. No.11 in the waiting list would be vested with a right to be offered appointment to HARJEET KAUR 2015.02.09 04:21 I attest to the accuracy and authenticity of this document CWP No.1909 of 2015 -3- the post of Heavy Vehicle Driver. It is also the contention raised by learned senior counsel that the instructions upon which reliance has been placed would hold the field inasmuch as the advertisement and process of selection in which the petitioner had participated, had commenced later in point of time to the issuance of the instructions.
In view of the facts and submissions noticed herein above, this Court deems it appropriate to dispose of the instant writ petition with a direction to respondent No.2 to consider the claim of the petitioner strictly in accordance with law as also in the light of the instructions noticed herein above and to take a final decision on the legal notice dated 01.01.2015 at Annexure P-13 by passing a speaking order within a period of two months from the date of receipt of a certified copy of this order.
Disposed of.
06.02.2015 (TEJINDER SINGH DHINDSA)
harjeet JUDGE
HARJEET KAUR
2015.02.09 04:21
I attest to the accuracy and
authenticity of this document