IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 17406 of 2008 DATE OF DECISION : 19.08.2009 S.M. Gupta and others .... PETITIONERS Versus State of Haryana and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. Jai Bhagwan Sharma, Advocate, for the petitioners. Ms. Kirti Singh, AAG, Haryana, for respondent No.1. Mr. S.P. Singh and Mr. R.S. Badhran, Advocates, for respondent No.2. Mr. S.S. Malik, Advocate, for respondent No.3. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioners have filed the instant petition for quashing the order dated 17.4.2007, passed by the Haryana Seeds Development Corporation – respondent No.2, whereby respondent No.3 has been appointed as Accounts Officer in the respondent Corporation. It is the case of the petitioners that the said appointment was made in an illegal and arbitrary manner, contrary to the Service Rules, and without inviting the applications from the eligible candidates. On July 29, CWP No. 17406 of 2008 -2- 2009, during the course of arguments, it was stated that respondent No.2 appointed respondent No.3 as Accounts Officer against a direct quota post, which was reserved for Scheduled Caste category. A plea was taken that before making appointment, applications were invited from all the eligible candidates. In view of that statement, respondent No.2 was directed to make available the record pertaining to the said selection and appointment. Today, during the course of hearing, counsel for respondent No.2, on instructions from Shri M.M. Walia, Chief Manager, states that before making appointment against the said post, no applications were invited from the eligible candidates. It has been conceded that respondent No.3, who was working in the respondent Corporation as Accountant, has been appointed after examining the claim of two other employees. It has also been conceded that neither any advertisement was issued nor the applications were invited and interview was held. Counsel for respondent No.2 states that he is unable to defend the action of respondent No.2 Corporation in appointing respondent No.3 as Accounts Officer against a direct quota post. Counsel for respondent No.3 submits that since one direct quota post was reserved for Scheduled Caste category, therefore, respondent No.2, by considering the eligible candidates available in the Corporation, has appointed respondent No.3. This submission of learned counsel for respondent No.3 cannot be accepted. For filling-up the direct quota post, proper procedure has to be followed and applications have to be invited CWP No. 17406 of 2008 -3- from all the eligible candidates, which has not been done in this case and respondent No.2 by showing favour to respondent No.3 has illegally and arbitrarily appointed him on the post of Accounts Officer. In view of the above, I am of the opinion that appointment of respondent No.3 as Accounts Officer is totally illegal, arbitrary and against the Service Rules. Hence, this petition is allowed. The appointment of respondent No.3 as Accounts Officer is hereby quashed. August 19, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE