C.W.P No. 2094 of 2007 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No. 2094 of 2007 Date of decision : May 04, 2009 Hanuman Singh, ...... Petitioner (s) v. The State of Haryana and others, ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Ravi Verma, Advocate for the petitioner. Mr. Harish Rathee, Sr. DAG Haryana for respondents No.1 to 3. Mr.V.D.Sharma, Advocate for respondent No.4. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J The petitioner has challenged the action of the official respondents in not issuing him the appointment letter to the post of SS Master. The petitioner was discharged from Indian Army from the rank of Havaldar on 30.9.2000 after serving for about 19.1/2 years. During his service, he passed his B.A and B.Ed examinations from the Maharishi Dayanand University, Rohtak. By an advertisement dated 15.11.1999, C.W.P No. 2094 of 2007 ::2:: respondent No.2 advertised 2127 posts of S.S. Masters. The petitioner applied for the said post under the Ex-Servicemen Backward Class Block- `A' category and was declared successful in the screening test, the result of which was declared on 8.10.2004. Thereafter, the petitioner was interviewed but in the result dated 7.12.2004, he was shown as not having been selected but was placed at Sr. No.1 of the waiting list. The petitioner challenged the action of the respondents by way of CWP No.17377 of 2005 which was disposed of on 7.11.2005 with a direction to the respondents to consider his claim. By order dated 21.6.2006 (Annexure P-9), the claim of the petitioner was rejected on the ground that no vacancy in his category existed. The precise grouse of the petitioner is that 1270 candidates were recommended by the Commission and that as per the reservation policy, 190 vacancies fell to the share of vertical category of Backward Class Block-`A'. Out of these, 26 vacancies fell to the share of horizontal category of Ex-Servicemen belonging to Backward Class Block- `A'. However, only four candidates were appointed from the category of the petitioner. The facts stated above have not been disputed by the official respondents. It is not disputed that out of 1270 vacancies, 190 were to go to Backward Class Block `A' or that 127 were to go to ESM/Dependents of ESM. The only defence taken is that the horizontal reservation of 3% for Ex-Servicemen could not be calculated with reference to the total number of posts but with reference to the number of vacancies earmarked for a particular category. Thus, as per the respondents the share of Ex- Servicemen Backward Class Block `A' category was only four. No written statement has been filed by respondent No.4, who is C.W.P No. 2094 of 2007 ::3:: admittedly the last selected candidate from the Backward Class Block-A Category. In the reservation policy (Annexure P-1), it has been mentioned as follows :- “3. Henceforth the quantum of reservation for various categories in direct recruitment to Class III & IV posts will be as under :- i) SC 20% ii) BC(Block `A') 16% iii)BC(Block `B') 11% iv)ESM/Dependents of ESM 10% v)Physically handicapped 3% (Orthopaedically handicapped) The posts reserved for Block `A' of Backward Classes would be filled up from candidates belonging to castes of Block `A' only. Similarly posts reserved for Block `B' would be filled up from members of the castes comprising Block `B' of Backward Classes. 4. The reservation for ESM and Physically will be horizontal reservation under Article 16(I) of the Constitution of India in respect of Class III & Class IV direct recruitment quota posts. 5. Horizontal reservation of 10% for ESM would be adjusted as below :- 3% in Block `A' of Backward classes. 3% in Block `B' of Backward classes & C.W.P No. 2094 of 2007 ::4:: 4% in General category. Horizontal reservation of 3% for physically handicapped persons would be adjusted as below :- 1% in Block `A' of Backward classes. 1% in Block `B' of Backward Classes. 1% in General category.” In my opinion, this petition must succeed. A plain reading of the reservation policy shows that the stipulation of reserving 10% vacancies for Ex-Servicemen relates to the total number of vacancies and not to 10% of the vacancies earmarked for each class. In case the vacancies for Ex- Servicemen were not to be computed as 10% of the total vacancies, it would have been clearly indicated in the policy itself. Clause 6 of the reservation policy prescribes roster point for each reserved category. As regards the roster point for Ex-Servicemen, it is mentioned as follows :- “ESM (Ex. Servicemen) : 8 against General category 19 against B.C (Block `A') 27 against B.C (Block `B') 37 against General category 44 against B.C (Block `A') 54 against B.C (Block `B') 64 against general category, 74 against B.C (Block `A') 81 against B.C (Block `B') and 91 against General category.” As per this roster also, three vacancies with Sr. Nos. 19, 44 and 74 had to be earmarked out of 100 vacancies for ESM Backward Class Block `A', thus, corroborating the computation of 3% of the total posts. In the circumstances, it cannot be held that total number of vacancies reserved for Ex-Servicemen of Backward Class Block `A' could C.W.P No. 2094 of 2007 ::5:: be pegged at 4 out of 1270. Even a mathematical totalling of various percentages would show that the same amounted to 60% (20+16+11+10+3). Resultantly, this writ petition is allowed and, considering the fact that the official respondents have taken a plea that there is no vacancy, the appointment of respondent No.4 is set aside and a direction is issued to the official respondents to appoint the petitioner against the said vacancy w.e.f the date the other persons who appeared along with the petitioner were appointed. The petitioner would be entitled to all the benefits except actual payment for the period that he has remained out of job. Needful be done within three months from the receipt of a certified copy of this order. ( AJAY TEWARI ) May 04, 2009. JUDGE `kk'