IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.O.C.P. No.485 of 2007 Date of Decision:- 25.02.2008 Rajinder Kumar ....Petitioner(s) through Mr.J.S.Yadav, Advocate vs. Anil Gupta, Director General Schools, Haryana & others ....Respondent(s) through Mr.R.S.Kundu, Additional Advocate General, Haryana. *** CORAM:-HON'BLE MR.JUSTICE SURYA KANT. *** 1) Whether Reporters of the local papers may be allowed to see the judgment? 2) To be referred to the Reporters or not? 3) Whether the judgment should be reported in the Digest? *** SURYA KANT, J. (ORAL) The petitioner who is an ex-serviceman, filed C.W.P.No.1665 of 2005 seeking direction for consideration of his candidature for the post of S.S. Master in the ex-servicemen reserved category (B.C-B.). A bunch of writ petitions including that of the petitioner was disposed of by this Court vide order dated August 30, 2005 by directing the Secretary, Education Department, Haryana, to decide himself or to delegate the exercise to an officer not below the rank of Joint Secretary, the claim of all the writ petitioners. Alleging non-compliance of the above-stated directions that this contempt petition has been filed. Mr.Anurag Rastogi, Commissioner & Director General School Education, Haryana, has filed his reply/affidavit. In para 4 thereof, it is C.O.C.P. No.485 of 2007 -2- stated by him that the Haryana Staff Selection Commission was asked to send recommendations against 1270 posts of S.S. Masters with the following category-wise breakup:- Gen SCA SCB BCA BCB 600 129 129 206 141 =1205 ESM 51 03 03 04 04 = 65 Total = 1270 As is apparent from the reproduced table, 4 posts of S.S.Masters in the category of Backward Classes (B) were reserved for ex- servicemen in terms of the horizontal quota provided for Ex-servicemen category in the Haryana Government Instructions dated 14.7.2000. The roster points No.27, 54 and 81 in a block of 100 posts in Backward Classes (B) category were further reserved for ex-servicemen candidates of the said reserved category. In this manner, the respondents appear to be right in contending that out of 141 posts reserved for Backward Classes (B), only 4 posts could be given to the ex-servicemen of that category. As per the further stand taken by the above-named respondent in his reply/affidavit, “petitioner failed to find his place in the list of successful candidates. Thus, he could not be offered appointment.” A speaking order to this effect has also been passed and appended with the reply as Annexure R-II. In the light of the above-stated action taken by the respondents, more so when the whole issue is based upon the interpretation of the Government instructions referred to above, it cannot be said that the respondents are guilty of wilful or deliberate disobedience of the Court C.O.C.P. No.485 of 2007 -3- directions. Consequently, this petition is disposed of, however, with liberty to the petitioner to impugn the above-stated speaking order and/or the manner in which the respondents have interpreted the Government instructions dated 14.7.2000 before an appropriate forum, if so advised. Rule discharged. February 25, 2008 ( SURYA KANT ) poonam JUDGE