IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7668 of 2008 VIJAY KUMAR GIRI Versus THE UNION OF INDIA & ORS ----------- 03. 10.09.2008 Petitioner was a claimant for appointment of Safai Karmchari in the light of advertisement issued on 16th June, 2007. His case is that there were 15 posts which were to be filled up, out of which seven was reserved for general category, two for SC, three for OBC and three for Ex- Army man. Petitioner contends that he is a successful candidate under the general category but since he figured at Serial No. 8 of the merit list he could not be appointed on the post. He has no grievance on that score but his contention in the present writ application is that in terms of the advertisement itself it has been held out that in case the quota for Ex-Army man is not filled up then the same will be available for general category candidates. There is a specific averment in paragraphs 9 and 10 of the writ application that the post meant for Ex-Army man is still not filled up and therefore, he has a case for consideration for appointment as he is now on top of the list in the general category candidates. In the counter affidavit respondent have not disputed the fact that petitioner was at 8th position in the merit list of general category but they are silent on the issue with regard to the fact that so-called three posts available for the Ex-Army man category have been filled up or not and whether they intend to fill it up in terms of the advertisement by general category candidates. There is ambiguity in the counter affidavit in this regard. One statement however has been - 2 - made that the matter has been referred to the senior officers and a decision is awaited in this regard. The Court is not in a position to pass a decisive and categorical order in favour of the petitioner because of the evasive reply which has been given in this regard on behalf of the respondents but the writ application is disposed of with direction upon the Inspector General of Police, CRPF, Bihar Circle (Respondent No.3) that he shall get the matter examined with regard to a categorical statement made by the petitioner that the post meant for Ex-Army man is still vacant in absence of any candidate and the petitioner has a claim for such appointment in terms of the advertisement itself which is indicated that the same can be filled up by a candidate from general category. The Court expects that a decision shall be taken by the I.G., if necessary, by taking approval of the higher authority on the issue within a period of three months from the date of communication/production of a copy of this order. If the decision is contrary to the interest of the petitioner, he shall be communicated the result of the decision within the same time-frame. The issue will be governed subject to the final decision taken in this regard. The writ application is disposed of with the above direction. rkp (Ajay Kumar Tripathi, J)