Punjab-Haryana High Court
Ajay Singh vs State Of Haryana And Another on 6 December, 2013
Author: Rajiv Narain Raina
Bench: Rajiv Narain Raina
CWP No.26807 of 2013
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.26807 of 2013
Date of Decision: 06.12.2013
Ajay Singh
..... Petitioner
Versus
State of Haryana and another
... Respondents
CORAM:- HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present: Mr. Kamal Mor, Advocate,
for the petitioner.
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
RAJIV NARAIN RAINA, J.(Oral)
Indisputably the petitioner applied in OBC category paying Rs.35/- in support of the application form. He did not pay the requisite application fee prescribed for the category of Dependents of Ex-Servicemen for which a higher amount was payable in terms of the advertisement. The respondent-Commission has considered the petitioner's candidature in the Dependent of Ex-Servicemen General category which was an inherent right flowing from the decision of the Supreme Court in Indira Sawhney vs. Union of India and others, 1992 Supp 3 SCC 217 and R.K. Sabharwal and others vs. State of Punjab and others, JT 1995 (2) SC 351 and a host of other judgments which preserve right of reserve category candidates to contest for open general seats on their own merit. Since this is a case of combination of horizontal and vertical reservation there is nothing wrong in what the Commission did in treating the petitioner's case as one of General category but within DESM. There is yet another right that the petitioner Mittal Manju 2013.12.19 10:45 I attest to the accuracy and integrity of this document Chandigarh CWP No.26807 of 2013 -2- possesses as an OBC candidate is an open general merit activated in case he had applied independently and exclusively for consideration as an OBC candidate in case such single reservation was advertised. Not having applied independently as an OBC candidate by paying the prescribed fee he would appear to have no right of consideration against open general seats but would remain confined to DESM category where the principal reservation given was of horizontal nature.
There is, therefore, no merit in this petition which stands dismissed.
(RAJIV NARAIN RAINA) 06.12.2013 JUDGE manju Mittal Manju 2013.12.19 10:45 I attest to the accuracy and integrity of this document Chandigarh