IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 21327 of 2008 Date of Decision: 19.12.2008 Sahil Verma ---Petitioner Versus State of Haryana and another ---Respondents Coram:- Hon'ble Mr. Justice Mehtab S. Gill. Hon'ble Mr. Justice K. Kannan. Present:- Mr. Yashwinder Paul Singh, Advocate for the petitioner. K. Kannan, J. 1. The petitioner who is an aspirant to the post of Civil Judge (Jr. Divn.) in the State of Haryana challenges the advertisement dated 15.9.2008 issued by the Haryana Public Service Commission (H.P.S.C.) on the ground that it does not adopt the reservation as per the Haryana Reservation Policy. Having responded to the advertisement and undertaken the preliminary examination, he finds himself as not qualified and therefore at this time, he seeks also for an alternate to prayer for calling candidates for the main written examination after redetermining the number of reserved posts for Backward Classes. 2. It is not in doubt that the policy of reservation, issued by the State of Haryana reserves 10% of the vacant posts for direct recruitment in Class-I, II, III and IV posts for Backward Classes. The impugned advertisement notifies 78 vacant positions, out of which 42 posts are reserved for General Category (39+3), 2 posts for Backward Classes and 24 posts for Scheduled Castes of Haryana (23+1). 3. Petitioner's objection to the advertisement is that the reservation of only two posts is below the number of posts which the State is bound to accord for Backward Class Category as per the State Policy CWP No. 21327 of 2008 -2- and the same having not been done, the petitioner's chances for selection have dimmed and consequently seeks for the relief outlined above. 4. We have two reasons to disallow the claim made by the petitioner even at the threshold. Advertisement has been issued on 15.9.2008 and the petitioner has responded to the advertisement and has also taken part in the examination without objecting to the reservation of the posts in the manner done. Having written the examination and finding that he has not been qualified in the preliminaries, he has challenged the advertisement at the eleventh hour when the selected candidates in the preliminary examination have been invited to take the final examination on 26th December, 2008. Any attempt to scuttle the examination process at this time by interfering on the ground that the Reservation Policy has not been correctly implemented, will cause enormous hardship and will throw out of gear the entire selection process. Even that apart the petitioner has not given any information about the marks that he has secured in the preliminary examination and whether he would be considered in the final examination with the marks which he has secured, if, the number of posts for reservation for Backward Class Category are increased. Even if, there is some error in the posts notified for Backward Class Category, unless the petitioner showed that he would come within the zone of consideration for taking the final examination by producing evidence that he had obtained sufficient marks to qualify for the final examination, he cannot hope to stall the process. 5. The petitioner's case ought to therefore fail for the twin reasons of (a) laches and (b) for insufficient information regarding his CWP No. 21327 of 2008 -3- own eligibility with reference to the marks that he had secured in the preliminary examination. 6. Petition, therefore, is dismissed at the stage of admission itself. (MEHTAB S. GILL) JUDGE (K. KANNAN) JUDGE December 19, 2008 lucky