CWP No. 10955 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 10955 of 2009 Date of Decision: 16.08.2010 Sandeep ...Petitioner Vs. Haryana Staff selection Commission ...Respondent CORAM Hon'ble Mr.Justice Vinod K.Sharma Present: Mr.J.P.Dhull, Advocate, for the petitioner. Mr.Deepak Jindal, DAG, Haryana. --- Vinod K.Sharma, J . (Oral) The petitioner has invoked the writ jurisdiction of this court under Articles 226 and 227 of the Constitution of India, for issuing directions to the respondent to interview the petitioner for the post of Fireman, as he is duly qualified and has passed the prescribed physical test. It is also prayed that petitioner be considered for selection and appointment on the post of Fireman. The petitioner was called for physical test, but was declared medically unfit, on the ground that chest of the petitioner was not as per the norms fixed. CWP No. 10955 of 2009 2 In view of the fact that there was dispute about the physical fitness of the petitioner, this court directed, that the petitioner be examined by the Medical Board duly constituted by Government Multi Speciality Hospital, Sector 16, Chandigarh. Medical Board found the petitioner medically fit, as he had the chest measurement as per prescribed norms. After the petitioner was found medically fit he was directed to be interviewed by the Haryana Staff Selection Commission, and his result was directed to be kept in sealed cover. Result of the petitioner has been produced in court in sealed cover which shows that the petitioner got 31.08 marks out of 75 and was qualified to be appointed. The only contention raised by the learned counsel for the respondent is, that last person appointed in general category got 36.33 marks, therefore, the petitioner does not fall in merit. Learned counsel for the petitioner contended, that the petitioner had applied against reserved category of ex-servicemen, being dependent of the ex-serviceman. According to the instructions of the Government post can be given to the dependent of ex-serviceman, when ex serviceman is not available. The case of the petitioner further was that there were 8 vacancies for ex servicemen, which have not been filled up. One post reserved for ex-servicemen is still vacant, which can be offered to the petitioner, as he is eligible to be appointed under ex servicemen category. CWP No. 10955 of 2009 3 This is fairly conceded by the learned State Counsel, on instructions from Shri J.K.Rana, Superintendent, Haryana Staff Selection Commission. Though normally this court only issues a direction to consider the case of the petitioner for appointment, but in view of the admitted fact, that the petitioner has undertaken test and has qualified the test, and has also been declared physically fit, and vacancy is also available, it is directed that the petitioner be appointed to the post of fireman within 2 months of the receipt of the certified copy of this order. The writ petition is allowed, but with no order as to costs. 16.08.2010 (Vinod K.Sharma) rp Judge