Punjab-Haryana High Court
Sombir vs State Of Haryana & Ors on 18 January, 2018
Author: Rajiv Narain Raina
Bench: Rajiv Narain Raina
1
CWP No.944 of 2018
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of decision: 18.01.2018
CWP No.944 of 2018
Sombir ...Petitioner
Vs.
The State of Haryana & another ...Respondents
CORAM: HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present: Mr. Ajay Vijarania, Advocate, for the petitioner.
RAJIV NARAIN RAINA, J. (ORAL)
1. Note-3 of the terms & conditions of the advertisement at pp.31 of the paper-book confers a right on dependent of freedom fighter (General) to the extent of 2% of the reserved quota of Ex-servicemen or Backward Classes remaining unfilled. Note-3 reads as follows:
"Note 3. If the quota reserved for Ex-servicemen or Backward Classes remains unfilled due to non-availability of suitable Ex-servicemen or their dependents or non- availability of suitable candidates from Backward Classes there will be 2% reservation for freedom fighter/their children/grand children to that extent."
2. Learned counsel for the petitioner submits that 7 vacancies remain unfilled in BCA-ESM category.
3. If Note 3 has to be given effect to, it would require many more vacancies/posts than 7 to accommodate the prescribed percentage of reservation. There would have to be at least 50 vacant posts before one dependent of freedom fighter, like the petitioner, can be considered for 1 of 2 ::: Downloaded on - 26-01-2018 13:46:23 ::: 2 CWP No.944 of 2018 promotion. Therefore, I find no way to give any relief to the petitioner and would dismiss the petition.
4. However, the question; whether reservation still deserves to be given to the dependents of freedom fighters even after 70 years, is left open to be decided in an appropriate case.
18.01.2018 [RAJIV NARAIN RAINA]
Vimal JUDGE
Whether speaking/reasoned: Yes
Whether Reportable: No
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