CWP No. 2994/2008 03.06.2011 Present: Mr. Bhuvnesh Sharma, counsel for the petitioners. Mr. Anil Jaswal, Dy.A.G. for the respondents. Petitioner has prayed for following reliefs:- “(i) That the respondents No. 1 to 3 may very kindly be directed to consider the petitioners for appointment to the post of JBT Teachers in Distt. Kangra, against the posts meant for Ex-servicemen under 15% quota reserved for them by inviting their names from the Ex- servicemen Cell at Hamirpur. . (ii) That the respondents No. 1 to 3 may be restrained from making further appointments to the post of JBT Teachers from other categories except against Ex- servicemen quota through Ex-servicemen Cell, till representation to the extent of 15% is given to them against their entitlement of seats already existing in the back-log. (iii) That the respondents No. 1 to 3 may further be directed to give due representation against the 15% quota reserved for Ex-servicemen by making appointments of Ex-servicemen possessing JBT/equivalent qualifications, registered with Ex- servicemen Cell, against the 1611 posts of JBT Teachers going to be filled up by the respondent department. (iv) That the respondents No. 1 to 3 may be directed to fill up the posts of JBT Teacher meant for Ex- servicemen against their 15% quota from amongst those Ex-servicemen possessing JBT/equivalent qualifications who are registered with Ex-servicemen Cell and in accordance with the seniority maintained with the respondent No.4. (v) That the respondents No. 1 to 3 may very kindly be directed to produce the entire record pertaining to -2- the case of the petitioners for the kind perusal of this Hon’ble Court. (vi) Any other order which this Hon’ble Court deems just and proper in the facts and circumstances of the case may also kindly be passed in favour of the petitioners and against the respondents.” 2. There is no dispute that the State of Himachal Pradesh has provided for reservation to the extent of 15% for posts in question. It also cannot be disputed that the State has framed The Demobilised Armed Forces Personnel (Reservation of vacancies in Himachal State Non-Technical Services), Rules 1972 (hereinafter referred to as ‘the Rules’) and Rule 18.4.1 lays down the procedure to be followed by the State/ex-servicemen or their dependents to such reserved posts, relevant abstract of which reads as under:- 18.4.1 Procedure to be followed by ex- servicemen or their dependents for applying against reserved posts. (a) Ex-servicemen and their dependents should get their names registered at the nearest Employment Exchange. The exchange has to make an entry in the index card regarding the fact that the applicant is an ex-serviceman or dependent of an ex-serviceman as the case may be. The exchange will send duplicate registration card to the ex-servicemen’s cell in the Directorate of Employment, Govt. of H.P. After an interview by a State Selection Committee, panels of eligible candidates for different categories of posts/services are prepared. Govt. Departments/ Corporations etc. who have to fill a reserved vacancy send a requisition to the ex-servicemen’s cell -3- simultaneously while sending requisitions to the Employment Exchanges, Public Service Commission in respect of vacancies not reserved for ex- servicemen. The Ex-servicemen cell sponsors names from the panel maintained by it in accordance with the requisition. The candidate so sponsored is to be appointed by the Department/Corporation without any further interview/test and such appointment is to be made within 15 days of the date of sponsorship by the Ex-servicemen’s Cell. (b) Vacancies filled through State Public Service Commission on All India basis are advertised through the Press too and the eligible Ex-servicemen or their dependents, as the case may be, should obtain prescribed application forms from the Public Service Commission and then submit the form duly completed to the Commission.” 3. In the Education Department, certain posts of JBT were sought to be filled-up by respondents No. 2 and 3. The procedure, required to be adopted for filling-up the posts in question reserved for ex-servicemen or their dependents, was not complied with. Consequently, petitioners approached this Court. With the passage of time some of the reliefs sought for have either become infructuous or cannot be granted for various reasons. Learned counsel for the petitioner is essentially concerned with filling up of the backlog of the reserved posts in accordance with law. 4. Respondent No.4, i.e. Director, Sainik Welfare Ex- servicemen Employment Cell, Himachal Pradesh has filed an affidavit clearly stating therein that the Government has not -4- sent any requisition for filling-up the posts in question, even though there is reservation provided for the same. 5. Respondent No.2 has filed separate affidavit clearly admitting therein that even though for the posts, which are subject matters of this petition, ex-servicemen candidates were sponsored and appointed, but however backlog of the posts, required to be filled-up by ex-servicemen candidates, has not been cleared and the matter is under consideration with the authorities i.e. Government. In the affidavit, reservation to the extent of 15% is not disputed. In fact, on 20.4.2009 (Annexure R-1) respondent No. 2 had sought direction from respondent No.1 with regard to filling-up the backlog of the posts reserved for ex-servicemen. 6. Apparently, the Government has not taken any decision in this regard. Noticeably, about 117 posts of JBT have been filled-up in the year 2009 itself and that too only in one district, i.e. Kangra, without adhering to the principle of reservation and by following the procedure laid down under the Rules. 7. Consequently, there will be a direction to respondent No.1 to take a decision with regard to filling-up of the backlog of posts of JBT in entire State of Himachal Pradesh, in accordance with the Reservation Policy and also procedure prescribed under the Rules. It is the grievance of the petitioner that no requisition is being sent by the Government to the ex- servicemen Cell for sponsoring the names mentioned in their -5- roles. All posts to be filled-up by ex-servicemen or their dependents are to be identified and notified accordingly. It is clarified that till such time this procedure is not complied with, no posts of JBT shall be filled-up. The process of identification of the posts in question, if required, shall positively be completed within a period of four months from the receipt of copy of this judgment. Only thereafter, process for selection and appointment shall take place, which in any even must complete within a reasonable period, in accordance with statutory rules, guidelines and instructions. 8. With the aforesaid observations, present petition stands disposed of, so also the pending application(s), if any. Dasti. June 3, 2011 ( Sanjay Karol ), (pankaj) Judge.