IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.560 of 2008 Date of Decision: 22.5.2008 Joginder Singh Petitioner Versus State of Haryana and others Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE K.C.PURI Present: Shri R.N.Lohan, Advocate for the petitioner Shri Harish Rathee, Sr. D.A.G. Haryana for the respondents Jasbir Singh, J. (Oral) By filing this writ petition the petitioner has prayed that directions be issued to the respondents to recruit him as a Constable and to further depute him for training as per rules. It is an admitted fact that the petitioner was a candidate for the above said post. After going through the process of selection, as per the merit list prepared, his name was put at No.4 in the reserve/ waiting list, prepared by the department. It is also an admitted fact that out of the selected candidates, three candidates failed to join. By taking note of the same, three candidates above the petitioner, out of the reserve list, were asked to join against those posts of the Constables. One of them, namely, Dharuv Bhagat failed to report for medical and even thereafter he made no attempt to join as a Constable. Post, which was offered to above the said candidate, remained vacant. Petitioner was the next available candidate as per list mentioned above. His case was then processed and the Civil Writ Petition No.560 of 2008 Superintendent of Police, Jind recommended his name for appointment, vide letter dated 13.10.2007 (P/3), wherein it was specifically mentioned that the petitioner is eligible and he can be sent for the training course. Allotment of Constabulary number to the petitioner was recommended. Thereafter, the petitioner was also medically examined. However, subsequent thereto, Constabulary number was not allotted to him and he was not deputed for training course. When notice of motion was issued on 15.1.2008, following contention of counsel for the petitioner was noticed by this Court:- “The petitioner’s name was put at Sr.no.4 of the waiting list for appointment to the post of Constable, in the scheduled caste category. The petitioner states that three selected candidates (belonging to scheduled caste category) were declared medically unfit and the fourth candidate belonging to that category submitted an affidavit dated 20.9.2007 stating his unwillingness to join the police department due to his selection on some other post. Resultantly, the petitioner claims appointment to the 4th vacant post as the first three out of the said waiting list have already been appointed.” In response to notice issued, reply has been filed, wherein virtually stand taken by the petitioner has been admitted. In para No.2 (preliminary submissions), it has been submitted that the petitioner’s name was kept at number 4 in the reserve list. It is also admitted that three candidates, who were selected as constables, have failed to join the post and accordingly, those vacancies were offered to the three candidates, who were ahead of the petitioner, in the reserve list. It is also an admitted fact that one of them Dharuv Bhagat failed to avail that opportunity. To deny benefit to 2 Civil Writ Petition No.560 of 2008 the petitioner, it has been stated that because Dharuv Bhagat has not informed personally to the department his unwillingness to join, the post was not offered to the petitioner. We feel that the stand taken is arbitrary and unreasonable. Once, after offer, Dharuv Bhagat has failed to report for medical, it should have been presumed that he was not willing to join the post and at that time, the vacancy should have been offered to the petitioner, who was next in the reserve list. His case was even recommended by the Superintendent of Police, Jind and it was also said in letter (P/3) that at that stage, the petitioner could have been deputed for training course. The petitioner was put to the medical test, thereafter, unreasonably Constabulary number was not allotted to him. In view of facts mentioned above, we allow this writ petition, direct the respondents to allot Constabulary number to the petitioner and depute him for training course in the next batch. He be adjusted against the vacancy, which was offered to Dharuv Bhagat, named above. Deemed seniority etc. and other notional benefits be also given to the petitioner. Counsel for the petitioner very fairly states that the petitioner shall not claim any actual financial benefits. Needful be done within a period of six weeks from the date of receipt of a certified copy of this order. (Jasbir Singh) Judge May 22, 2008 (K.C. Puri) gk Judge 3