IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No.: 6568/2008 Decided on: 29.06.2010 ______________________________________________________ Dhian Singh ..…..Petitioner Versus State of H.P. & another. ….…. Respondents. Coram The Hon’ble Mr. Justice Deepak Gupta, Judge. For the petitioner : Mr. Yudhvir Singh Thakur, Advocate vice Shri K.D. Shreedhar, Advocate. For the Respondents : Mr. R.K. Sharma, Senior Additional Advocate General with Mr. Vivek Singh Thakur, Additional Advocate General and Mr. Rajesh Mandhotra, Deputy Advocate General. Deepak Gupta, J (oral) The main grievance of the petitioner is that his candidature for being appointed as Vidya Upashak against the Ex-servicemen(O.B.C.) category has wrongly been rejected. 2. As per the advertisement, Annexure R-2 inviting applications for the post of Vidya Upashak, the reservation was made only for ex-servicemen and not for the wards of ex- servicemen. The petitioner admittedly is not himself an ex- serviceman but is the ward of an ex-serviceman. The petitioner has placed reliance of a note at bottom of advertisement by H.P. Public Service Commission wherein it was laid down that if a suitable ex-serviceman candidate was not available, the dependents of the ex-serviceman of the respective categories will …2… be considered for the posts reserved for ex-serviceman. On this basis, it is urged by Shri Yudhvir Singh Thakur, learned counsel for the petitioner that similar procedure could have been followed in the present case. 3. The appointment of Vidya Upashak was to be made under a special scheme in which reservation was made only for ex-serviceman and not for the wards of ex-servicemen. There was no condition in the scheme or in the advertisement that in case sufficient number of ex-servicemen are not available from a particular category, then, the vacant post(s) would go to the wards of ex-servicemen of that category. Why could not the seats first be filled up from ex-servicemen of other categories? The answer is obvious. The reservation is meant for ex-servicemen and if ex- servicemen of a particular category are not available, ex- servicemen of some other category can be considered. Even if they are not available then, the vacant posts should be filled up from general category. Reservation is a departure from the normal mode of recruitment and anything with regard to reservation must be clearly stated in the scheme or in the advertisement. Such reservation cannot be culled out by making reference to the advertisement relating to the other posts. 4. Therefore, I find no merit in the petition, which is accordingly dismissed. No orders as to costs. (Deepak Gupta) Judge June 29, 2010 “BRB” …3…