IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. CWP NO. 4524 OF 2006 Date of decision:18.1.2008 Sumer Chand ...Petitioner versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE JASWANT SINGH Present: Sh.N.D.Achint, Advocate for the petitioner Sh. Harish Rathee, Senior DAG, Haryana for respondent Nos. 1 and 2. Sh. H.N.Mehtani, Advocate for respondent No.3 -.- JASWANT SINGH, J. The petitioner has filed the present writ petition praying for quashing the notifications/instructions issued by the State of Haryana bearing letter no. 22/88/96-3 GS-III dated 25.6.1997 and also directing the respondents to appoint him as Assistant Director/Principal ITI Technical Grade “A” as he has been duly selected by the Haryana Public Service Commission (hereinafter referred to as 'the HPSC'). Brief facts of the case are that the respondent-Department had sent a requisition of three temporary posts of Assistant Director/Principal, ITI (Technical) Group “A”. All these three posts were meant for General Category. These three posts were advertised vide Advertisement no.1 Category-2 (Annexure P-1) in April/May 2003. According to this advertisement, the age of candidates was required to be minimum 30 years and not more than 40 years on 31.12.2002. The petitioner applied for the said post submitting his Scheduled Caste CWP NO. 4524 OF 2006 -2- Certificate and gained the benefit of fee concession meant for reserved category. The date of birth of the petitioner is 25.3.1961 and as on the last date of submission of application form, he was more than 42 years of age. The HPSC considering him ineligible, being more than 40 years of age did not call him for interview. The petitioner personally appeared before the HPSC and indicated that he was competing for General Category post but he was entitled to age relaxation being a Scheduled Caste Category candidate (relaxation upto 5 years of age). He was permitted to participate in the interview and was selected and recommended for appointment alongwith two other candidates, namely, Shri Sumeet Sherwat and Shri Sumer Chand against the three said posts meant for General Category. The Department, however, did not appoint him because he was above 40 years of age and thus, not eligible for appointment to the said post. The matter was referred to the Government for giving appointment to the petitioner by relaxation in age. The Government in light of the instructions dated 25.6.1997 advised the Department that the petitioner was not entitled for appointment being over age and not entitled to any relaxation. The instructions dated 25.6.1997 are reproduced as under:- “If any member/members belonging to SC/BC classes is/are selected in the open competition for direct recruitment on the basis of their own merit, they will not be counted against the quota reserved for SC/BC classes, they will be treated as open competition candidates. However such candidates should fulfill conditions of eligibility regarding age etc. as are meant for general category candidates.” Hence, the present writ petition. CWP NO. 4524 OF 2006 -3- We have heard the learned counsel for the parties. Learned counsel for the petitioner has argued that the petitioner is entitled to relaxation in age up to 5 years in view of the recital in the advertisement (Annexure P-1) which lays down that age shall be relaxable for five years for Scheduled Castes/Scheduled Tribes of all the States and Backward Classes for Haryana only. He has further argued that the instructions dated 25.6.1997 are arbitrary and illegal, since they deny a benefit like age relaxation to a member of the Scheduled Caste to which they are otherwise entitled to as per the reservation policy. On the other hand, learned Senior Deputy Advocate General, Haryana has argued that the posts were meant for General Category candidates and only those candidates could be selected and appointed who fulfilled the conditions of eligibility meant for General Category candidates as per the instructions dated 25.6.1997. The counsel has further argued that the said instructions do not violate any statutory rules or any provision of the Constitution of India. In fact, they are in consonance with the equality clause enshrined in Articles 14 and 16 of the Constitution of India since it seeks to treat all equals equally. We have given a thoughtful consideration to the rival contentions of the parties. We are not impressed with the arguments of the counsel for the petitioner. Since a mere mention in the advertisement that the members of the Scheduled Castes/Scheduled Tribes would be entitled to five years in age relaxation would not clothe the petitioner with any right much less any enforceable right to claim such relaxation. The posts were meant for General Category and the Appointing Authority/Government is well within its rights to lay CWP NO. 4524 OF 2006 -4- down and insist upon the conditions of eligibility meant for General Category candidates. No fault can be found with the stand. In the writ petition, the petitioner besides making a mere assertion that the impugned instructions are arbitrary and illegal, has laid no basis or even otherwise at the time of arguments shown that they were in any manner arbitrary or illegal. No other point has been urged. In view of the above, the instant writ petition is dismissed. (Jaswant Singh) Judge (Jasbir Singh) 18.1.2008 Judge mk