IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 1585 of 2011 ( O&M ) DATE OF DECISION : 17.10.2011 Vipin Ranga .... PETITIONER Versus The State of Haryana and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE PARAMJEET SINGH Present: Mr. Ranvir S. Chauhan, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL, J. ( Oral ) The petitioner, claiming himself to be belonging to the Scheduled Caste category, has filed the instant writ petition under Articles 226/227 of the Constitution of India for issuing direction to respondents No.1 and 2 to consider his claim for allotment of a flat under the Scheduled Caste category at Bahadurgarh. We have heard learned counsel for the petitioner. Undisputedly, on 2.3.2010, the Housing Board, Haryana, floated a scheme for allotment of flats at Hisar, Bahadurgarh, Sirsa, Karnal and Jind, on hire purchase basis. In the brochure, it was specifically mentioned that reservation for Scheduled Caste category would apply only for flats at Hisar, whereas for flats at the other stations, namely CWP No. 1585 of 2011 -2- Bahadurgarh, Sirsa, Karnal and Jind, there will be no such reservation. The petitioner knowing fully well that at Bahadurgarh, there is no reservation of flats for Scheduled Caste category, applied for a flat at Bahadurgarh under the Scheduled Caste category. In the draw of lots, claim of the petitioner was considered as a General category candidate, because there was no reservation for Scheduled Caste category. The petitioner remained unsuccessful. Thereafter, he filed the instant petition claiming that as per the Housing Board Haryana (Allotment, Management and Sale of Tenements) Regulations, 1972, 18.½ % flats were to be reserved for Scheduled Caste category, but it was specifically provided in the Regulations that “Unless otherwise provided or specified by the Board, out of total number of houses, reservation in favour of applicants shall be to the extent of 18.½ % to the Scheduled Caste category. However, in this case, in the brochure, specifically no flat was reserved for the Scheduled Caste category at Bahadurgarh. Before applying for flat at Bahadurgarh, the petitioner neither approached any authority nor challenged the scheme before this Court. But after participating in the draw of lots, when the petitioner remained unsuccessful, he filed the instant petition for quashing the allotment and directing respondents No.1 and 2 to make allotment under the Scheduled Caste category at Bahadurgarh, which in our opinion cannot be entertained at this stage. Since knowing fully well that there is no reservation for Scheduled Caste category at Bahadurgarh, the petitioner applied for a flat at Bahadurgarh, therefore, we are of the opinion that after remaining CWP No. 1585 of 2011 -3- unsuccessful in the draw of lots, his claim for allotment of flat at Bahadurgarh in the Scheduled Caste category cannot be considered. If the petitioner wants to take the benefit of his being Scheduled Caste, the offer was given to him for applying at Hisar, where some flats were reserved for Scheduled Caste category. But he did not apply for the same. In view of these facts, we do not find any merit in the claim of the petitioner. Dismissed. ( SATISH KUMAR MITTAL ) JUDGE October 17, 2011 ( PARAMJEET SINGH ) ndj JUDGE