State Of Haryana And Others vs Gajraj Singh on 20 April, 2011

LPA No. 716 of 2011                     1


           IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                           CHANDIGARH.

                           LPA No.716 of 2011 (O&M)
                           Date of decision 20 .4.2011

State of Haryana and others                                ... Appellants

                           Versus

Gajraj Singh                                         ... Respondent

CORAM:        HON'BLE MR. JUSTICE M.M. KUMAR
              HON'BLE MR. JUSTICE T.P.S. MANN

Present:      Mr.Aman Chaudhary, Addl. AG Hy. the appellant

     1. To be referred to the Reporter or not ?
      2. Whether the judgement should be reported in the Digest ?

M.M.KUMAR, J.

1. The instant appeal filed under Clause X of the Letters Patent is

directed against judgement dated 5.5.2010 rendered by the learned Single

Judge holding that one of the 13 posts earmarked for ex-servicemen in the

cadre of Lecturers in Hindi could not be consumed on account of the fact

that one Vinod Kumar son of Bansi Dhar who was offered appointment vide

letter dated 6.7.2009 declined to join. The writ petitioner- respondent also

belonged to ex-servicemen category and his claim was that he was entitled

to be considered against a vacant post of Lecturer in Hindi which was part

of advertisement dated 20.7.2006. The learned Single Judge after adverting

to the merits, disposed of the writ petition by issuing the following

directions.

“i) Respondents will offer the appointment to the candidate

next in the merit after Vinod Kumar under the ESM category;

ii) if the petitioner is next candidate in the merit, offer will be
LPA No. 716 of 2011 2

made to him and if he accepts the offer, he may be appointed in

accordance with rules;

iii) if any other candidate is next in the merit, offer may be

made to him in the similar manner within a period of two weeks

from the date of this order”

2. We have heard the learned Addl. Advocate General at some length.

According to him in the absence of any waiting list, no directions could be

issued to appoint anyone in accordance with the merit.

3. Having heard the learned counsel, we are of the view that the

aforesaid contention which has again been raised before us was rightly

rejected by the learned Single Judge. It is well settled that once a post has

not been consumed and a meritorious candidate in the merit list is available

then the vacancy could be filled in by inviting next person in merit. The

direction issued by the learned Single Judge are consistent with the

principles of equality laid down in Articles 14 and 16(1) of the Constitution.

The post of Lecturer in Hindi has to be offered to the most meritorious

candidate who may be next in the merit after Vinod Kumar under the ex-

serviceman category. Therefore, no exception is provided to interfere in the

view taken by the learned Single Judge. The appeal is wholly without merit

and does not warrant admission. Accordingly, the appeal fails and the same

is dismissed.

                                            (M.M.Kumar)
                                              Judge



                                            (T.P.S. Mann)
 20.4.2011                                    Judge
 LPA No. 716 of 2011   3

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