LPA No. 1162 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 1162 of 2009 (O&M) Date of decision: November 11, 2009 Suresh Kumar and another ...Appellants Versus State of Haryana and others ...Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Jitender Nara, Advocate, for the appellants. ORDER 1. The appellants are aggrieved by the order of learned Single Judge, dismissing the writ petition claiming preferential right against the posts reserved for female ex-servicemen. 2. Case of the appellants is that they are ex-servicemen and applied for the post of JBT teachers. As per advertisement, 33% posts were reserved for female ex-servicemen but since female ex-servicemen were not available, the appellants sought consideration of their claim for unfilled posts, which was not accepted on the ground that unfilled posts had to go to the female dependents of female ex-servicemen, as per instructions. 3. Learned Single Judge upheld the stand taken by the respondents, relying upon earlier judgment of this Court in Mahender Kumar and others versus State of Haryana and others 2008 (2) RSJ 674, upholding reservation for women upto 33%. LPA No. 1162 of 2009 2 4. We have heard learned counsel for the appellants. 5. Learned counsel for the appellants submits that the stand taken by the respondents in their reply, which was accepted by learned Single Judge, is not based on any rule. 6. Though we have not found any ground to interfere with the view taken by the learned Single Judge, as there could be 33% reservation for the female ex-servicemen or female dependents of ex-servicemen if female ex-servicemen were not available, contention that clarification should have been incorporated in the rules itself, requires consideration. We have asked Mr. Rameshwar Malik, Additional Advocate General, Haryana, to look into this aspect of the matter whether the clarification could be expressly made part of the rules. He states that the matter will be looked into and decision taken within two months from the date of receipt of a copy of this order. 7. Copy of the order be given dasti to the learned counsel for the State, under the signatures of the Reader of this Court. (ADARSH KUMAR GOEL) JUDGE November 11, 2009 (GURDEV SINGH ) prem JUDGE