RAVINDER KUMAR versus STATE OF HARYANA AND ORS.

RAVINDER KUMAR versus STATE OF HARYANA AND ORS.

Two candidates selected in ESM BC(B) category scored more marks than last two in ESM (general) category and ought to have been selected against general category vacancies as per their merit, but recasting select list now would upset settled positions. In interest of justice, appellant to be freshly appointed against vacancy in ESM (General) or ESM BC(B), or if not available, against general category vacancy, without back wages, seniority, or benefits based on earlier appointment.

Parties
Appellant: Ravinder Kumar; Respondent: State of Haryana and Ors.
Jurisdiction
India
Judgment Date
22 April 2010
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal partly allowed
Legal Topics
Selection Process, Appointments, Reserved Categories, Ex Servicemen Quota, Constable Recruitment
Service Law Selection Process Appointments Reserved Categories Ex Servicemen Quota Constable Recruitment

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Parties

Ravinder Kumar

Appellant

State of Haryana and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether candidates scoring higher marks in reserved ex-servicemen categories should be shifted to general category as per merit
  2. 2 Whether appellant is entitled to appointment as Constable after termination and denial in general category

Ratio Decidendi

Two candidates selected in ESM BC(B) category scored more marks than last two in ESM (general) category and ought to have been selected against general category vacancies as per their merit, but recasting select list now would upset settled positions. In interest of justice, appellant to be freshly appointed against vacancy in ESM (General) or ESM BC(B), or if not available, against general category vacancy, without back wages, seniority, or benefits based on earlier appointment.

Court Disposition

Appeal partly allowed

Orders

  • Appellant to be appointed as Constable in Haryana Armed Police, Sirsa District against any vacancy in Ex-Servicemen (General Category) or ESM/BC(B) category. If no vacancy in these, appointment against any general category vacancy.
  • Appointment shall be a fresh appointment from date made; appellant not entitled to any back wages, seniority, or benefits based on earlier appointment.