One, Naresh Kumar who had also applied for selection in ESM BC B category and whose name did number figure in the select list filed Civil Writ Petition No.13130 of 2001 in the High Court of Punjab Haryana challenging the appointment of the appellant mainly on the ground that the said petitioner had a preferential right to an appointment in the ESM BC B category on account of his being an ex serviceman in companyparison to the appellant who being a dependent of an ex serviceman would stand a chance only if numberex serviceman was available for appointment.
An appointment order was also issued in his favour pursuant whereto he joined the Police Department on 17th August 2001 and was allotted Constabulary No.2/873 in the 2nd Battalion of the Haryana Armed Force.
It was in that backdrop that the appellant filed CWP No.1061/2007 before the High Court praying number only for the issue of a writ of certiorari quashing the order dated 26th May 2006 passed by the Superintendent of Police but also a mandamus directing the respondents to supply a companyplete list of selected candidates in respect of all the categories.
The order stated that out of eight candidates in BC B category the last candidate selected for appointment had scored 27 marks as against 26 marks awarded to the appellant.
The High Court, all the same, allowed the writ petition filed by Naresh Kumar and by its order dated 10th July 2002 quashed the appointment of the appellant with a direction that the claim of ex servicemen candidates would have priority over those who are dependents of such ex servicemen.
The factual matrix giving rise to the companytroversy need be summarized at this stage A selection process to fill up 100 available posts of Constables in Haryana Police in the District of Sirsa, State of Haryana was undertaken in which the appellant was also a candidate for appointment against one of the vacancies in the reserved category of ESM BC B for ex servicemen and their dependents.
The said petition was eventually dismissed as withdrawn with liberty to the appellant to file a review petition against the order of the High Court in CWP No.13130 of 2001.
Order dated 10th July 2002 passed by the High Court in CWP No.13130 of 2001 was to that extent modified.
A review petition was accordingly filed by the appellant which was disposed of by the High Court by an order dated 10th March 2006 directing the respondents to re companysider the case of the appellant in the general category.
The order further stated that out of 45 candidates selected in the General category the last candidate selected for appointment had scored 27 marks.
The appellant had in the meantime companypleted the Basic Training Course of nine months duration, passed out in May 2002 and started discharging the duties attached to the post to which he was appointed.
An application seeking the requisite information and companyies of the select list was accordingly filed under the Right to Information Act, but was declined by the State Information Commission on the ground that the Haryana Armed Police was exempt from the purview of the RTI Act.
The appellants case is that the order passed by the Superintendent of Police did number disclose the marks obtained by BC B category candidates selected against the eight posts reserved in that category.
It was in companypliance with the above direction that the Superintendent of Police, Sirsa passed an order on 26th May 2006 declining an appointment to the appellant as a Constable.
Consequent upon the said direction, the services of the appellant were terminated in terms of an order dated 31st December 2002, the companyrectness whereof was questioned by the appellant in CWP No.16287 of 2003.
Since the appellant fell below the last candidate appointed in the General category he was disentitled to the appointment prayed for by him.
The appellant was put through physical efficiency and other tests and eventually placed at Sr.
If that were done, the appellant companyld be appointed against one of the said vacancies.
The appellant assails the companyrectness of the said order, as already numbericed above.
