(1.) In the instant writ petition, the petitioner has sought quashing of Advertisement No.06/2007, dated 21.6.2007, in regard to Category No.6 (copy Annexure P-5), vide which one post of District Ayurvedic Officer (for General Category only) has been advertised, on the ground that the same is against the reservation policy/instructions issued by the Government of Haryana. He has further prayed for issuance of a writ in the nature of mandamus directing the respondents to advertise the said post as reserved for Backward Class, being 10th post in the cadre of District Ayurvedic Officer, meant for direct recruits and as such falling to the share of B.C. category as per the reservation policy.
(2.) The facts as pleaded by the petitioner in the writ petition are that he belongs to a Backward Class category; is also a ward (son) of Ex- serviceman; and working as Ayurvedic Medical Officer in the Directorate of Ayurveda, Yoga, Naturopathy, Sidha, Homeopathy and Unani System Medicines (AYUSH)-Respondent no.3 since 28.2.2000. There are 20 sanctioned posts of District Ayurvedic Officer/Ayurvedic Officers in respondent no.3-Department, which are governed by Haryana Ayush Department (Group-B) Service Rules,1989 (hereinafter referred to as 1989 Rules). Rule 9(1)(b) of the 1989 Rules provide for the method of recruitment to the post of District Ayurvedic Officer and it lays down that 50% posts are to be filled up by promotion and 50% by direct recruitment or by transfer or deputation. It is further averred that the State has issued reservation policy for Scheduled Castes, Backward Classes etc., providing for reservation to the stated percentage/quantum in recruitment to various services in the State of Haryana. A copy of the reservation policy dated 24.1.1991 has been annexed as Annexure P-4 with the writ petition, providing for reservation of post to the extent of 10% for backward classes. It is further the case of the petitioner that there being 20 sanctioned posts of District Ayurvedic Officer, 10 posts out of the same as per Rule 9(1) (b) of 1989 Rules belong to the promotion quota and remaining 10 are meant for direct recruit quota and at present out of the said 10 posts meant for direct recruits, 9 posts are occupied by direct recruits selected and appointed against general category posts and no post had been ever advertised as being reserved for any of the reserved category candidates. The 10th post of District Ayurvedic Officer, now being advertised vide impugned advertisement dated 21.6.2007 (Annexure P-5), as per reservation policy, should be reserved for backward class category since as per roster the 10th post is meant for reserved category of backward class. On this ground, the petitioner has challenged the said advertisement for the post of District Ayurvedic Officer advertised for General Category only. In order to avoid any complication, the petitioner is said to have applied for the said post in the General Category although he belongs to a Backward Category. He has represented against the said illegal action, however, his grievance has not yet been redressed and the respondents have proceeded to conduct the interviews. Hence, the present writ petition.
(3.) Respondents 1 and 3, upon notice have filed their written statement. In preliminary submissions, the answering respondents have admitted that out of 20 sanctioned posts of District Ayurvedic Officer, 10 posts are to be filled up by direct recruitment as per the 1989 Rules and 9 posts falling to the share of direct recruits have already been filled up. One vacant post meant for direct recruits, which has been advertised by respondent no.4-Haryana Staff Selection Commission vide impugned Advertisement dated 21.6.2007 (Annexure P-5) has occurred at roster point no.14, which relates to General Category. Government's instructions dated 25.3.1975 have been annexed with the written statement as Annexure R-1, (with its English translation as Annexure R-1/T) which lay down that the number of posts filled in by appointing candidates belonging to Scheduled Castes/Backward Classes, who are selected on their own merit should be reduced from the reserved quota. It is further averred that Sh. Mohinder Singh Soni and Dr. Jagdish Chander Sihag, who belong to Backward Class and dependent of Ex-serviceman category respectively are working on the 6th 9th post of District Ayurvedic Officer since August,1990 and August,1990 respectively, having been recruited through Haryana Public Service Commission against general category. It has been further stated that according to the roster register, vacancy occurring at point no.10 relating to backward class and at point no.12 for Ex-servicemen/ dependent of Ex- servicemen, has been allotted to the aforesaid two officers, who belong to Backward Class and Ex-servicemen category respectively and were already working on the posts of District Ayurvedic Officer, therefore the vacancies which occurred at Sr.No.10 for Backward Class and at Sr.No.12 for Ex- servicemen/ their dependents, were reduced by the department from the reservation according to the Government instructions dated 25.3.1975 (copy Annexure R-1) and hence these vacancies were not advertised in the respective reserved category. It is further stated by the answering respondents that the instructions dated 25.3.1975 have been modified by the Government vide their letter dated 25.6.1997 (copy Annexure R-2) which provide that the posts of reserved categories are not to be reduced on the recruitment of candidates of a reserved category on their merit against the general category and they shall be filled in the future vacancies of reserved categories. Lastly, the answering respondents have given out that the roster register maintained by the department has been checked by the authorised roster team from time to time and no shortfall of Backward Class and Ex- servicemen was ever found by the said team.