M.L.SINGHAL, J. - (1.) HOUSING Board Haryana, Chandigarh invited applications for the allotment of various categories of houses vide advertisement published in 'The Tribune' dated 28.4.1987. In response to the said advertisement, Ram Nath applied on the prescribed form No. 041821 on 19.5.1987 alongwith the requisite earnest money of Rs. 7500/- vide draft No. TTA/11/561793 dated 19.5.87 complete in all respects within the due date. Clauses 4(i) and 6 of the advertisement, Annexure P1, read as under :- "4. GENERAL INFORMATION (i) Allotment of houses will be made by Draw of Lots. 6. PERIOD OF REGISTRATION Registration will commence w.e.f. 1.5.87 and the last date for accepting the Registration Application Forms for different categories of applicants is as under :- Category of applicants Last Date a) Serving Military personnel and their wives/Ex-Servicemen/War Widows/Freedom Fighters. 31st August, 1987. b) Members of Scheduled Castes/Backward Classes. Till the date of allotment or the date upto which quota is fully subscribed,whichever is earlier. c) All other applicants. Ist June, 1987. From the above provision of the advertisement, it emerges that (a) there was to be only one mode of allotment i.e. by draw of lots. (b) Secondly, the last date even for the members of Scheduled Caste/Backward Class was date of allotment i.e. date on which, the draw of lots was to be held. No application after "draw of lots" or allotment thus could be entertained. Application of Ram Nath plaintiff was found in order and his name was included in the lot for the drawal of lots which was fixed on 29.1.88. The draw of lots was held on 29.1.88 in the premises of Housing Board Colony, Sector 1, Rohtak. At the time of draw of lots, there were only three applications received from the reserved categories of members of Scheduled Castes/Backward Classes. Rest of the seven seats were transferred to the general categories on that day and accordingly the draw of lots was held on 29.1.88. Since no other candidate except the three applicants had applied before or at the time of draw of lots from the reserved categories of Scheduled Caste/Backward Classes, rest of the unutilised quota was transferred to the general category. Plaintiff was one of the successful applicants in the draw of lots and a formal letter of appointment allotment ? was to be issued by the Housing Board Haryana defendant No. 1 to the successful allottees. He came to know that Housing Board Haryana had issued formal allotment letters on 3.3.88 to others as per the draw of lots with the request to them to deposit the first instalment of Rs. 15,000/- as per the conditions of allotment. No such allotment letter was, however, issued to the plaintiff. On inquiry by him (Ram Nath) from the office of Housing Board Haryana, he came to know that formal allotment letter to him was being withheld on the plea that members of the Scheduled Castes/Backward Classes could submit their applications even after the draw of lots and they would be allotted houses if any body came forward till the date of the giving of actual possession of these houses to the successful allottees. Action of the defendant Housing Board Haryana was arbitrary and contrary to the conditions viz. to allow the reserved categories to submit their applications after the draw of lots. Action of the defendant-Housing Board Haryana, which is in their contemplation viz. to issue letters to the people belonging to the reserved categories of Scheduled Castes/Backward Classes by ignoring the vested legal right of the plaintiff thereby causing legal injury to the plaintiff's right, is arbitrary and illegal. In case the Housing Board succeeds in their design, there would be loss and injury to the plaintiff, which cannot be compensated in terms of money. On these allegations. Ram Nath filed suit for mandatory injunction with consequential relief of permanent injunction against Housing Board Haryana through its Chief Administrator and Officer Incharge, Housing Board Haryana, Sector 1 Rohtak directing the latter to honour the list prepared through draw of lots and issue formal letter of allotment to the plaintiff for one HIG house so as to enable him to deposit the first instalment and deliver him possession of HIG house accordingly and if during the pendency of the suit, it was found that house had been delivered/allotted to the reserved category, the said action be quashed and the defendants be restrained permanently from allotting HIG houses to reserved categories whose applications had not been received till the time of draw of lots i.e. upto 29.1.88 and declare the plaintiff entitled to one HIG house in the draw of lots held on 29.1.88. It was alleged in the plaint that he has every legal and vested right to get formal letter as he was successful in the draw of lots. There were 28 HIG houses for allotment to general category. There were 10 HIG houses for allotment to reserved categories. Defendants were estopped from permitting reserved category candidate to submit his applications against the said seven houses. Defendants had no power or authority under the rules to permit the reserved category candidate to submit his application after the draw of lot. Plaintiff had every legal and vested right to get formal letter of allotment issued in his favour as his name was duly included and it appeared in the list of successful candidates prepared after holding draw of lots. This vested right cannot be taken away by arbitrariness of the defendants. Defendants are bent upon encroaching upon the vested right of the plaintiff on extraneous considerations.
(2.) DEFENDANTS No. 1 and 2 contested the suit of the plaintiff urging that, in fact, according to the Housing Board Rules and Regulations Act, 1971, after draw of lots, the reserve houses for scheduled castes and backward classes will be reserved for scheduled castes and backward classes. It was denied that rest of seven houses were transferred to general category. It was submitted that the reserved quota of scheduled castes/backward classes would be utilised only for scheduled castes/backward classes and not for general category as per Housing Board Haryana Rules and Regulations Act, 1971. It was denied that plaintiff was one of the successful candidates in the draw of lots or formal letter of allotment was to be issued in his favour by the Housing Board Haryana. In fact, plaintiff was not successful in the draw of lots. His name figured at serial No. 35 in the waiting list. Formal allotment letters were issued to the successful allottees and as per draw, the successful candidates were asked to deposit Rs. 15,000/- as per conditions of allotment. No allotment letter was issued to the plaintiff when he did not emerge successful in the draw of lots. As such, plaintiff could not be called upon to deposit Rs. 15,000/-. 28 houses were meant for general category and 10 houses were meant for scheduled caste and backward classes category. Claim of general category for allotment could operate only on 28 houses. As per plaintiff, there were only three applications received from the reserved category of scheduled caste/backward class. As such, the remaining seven houses were transferred from the reserved categories of scheduled castes and backward classes to the general category. 35 houses were thus available for allotment to general category candidates. Name of the plaintiff figured at Sr. No. 35 of the list prepared after the draw of lots. As such he was entitled to the allotment of one house.
(3.) ON the application of one Dr. Mrs. Vineeta Bhatnagar made under Order 1 Rule 10 Sub-Rule 2 CPC to whom one of the HIG houses was allotted she was impleaded as party (defendant No. 3). Smt. Vineeta Bhatnagar defendant No. 3 contested the suit of the plaintiff. It was urged that in response to the advertisement issued by the Housing Board in the Tribune of 28.4.87, she applied on a prescribed form No. 563471 on 1.6.87 for the allotment of HIG house in Housing Board, Colony, Sector 1, Rohtak. She submitted all the necessary papers including income statement and amount of Rs. 7500/- through a demand draft drawn from State Bank of India, Rohtak payable at Chandigarh in favour of Housing Board Haryana. Her name was included in the list of candidates, who were to be included in the draw. As per terms of the contract with Housing Board the draw of lots was held on 29.1.88. She was amongst the successful candidates in whose favour lots were opened and allotment was made then and there on 29.1.88. Thereafter, Housing Board Haryana vide communication No. HBH/CRO-I/RA-II/88/2024 dated 3.3.1988 despatched on 7.3.88 confirmed the allotment of HIG house at Rohtak to her issuing her final registration No. 28/HIG/RTK/87 and on demand, she deposited Rs. 15,000/- for getting allotted the house. Advertisement disclosed last date for submission of the application for service personnel as 31.8.87, for scheduled caste/backward class was till the day of allotment or upto the date, quota is exhausted, whichever is earlier and for general category as 1.6.87. There were 54 houses in HIG scheme, 44 houses were for Ex-servicemen and general category, 10 were reserved for scheduled caste/backward class. Till 29.1.88 quota for Ex-serviceman and general category was fully exhausted while only three applications were received against the reserved quota of scheduled caste/backward class. As quota of scheduled caste/backward class was not exhausted, the draw of lots was held and all other applicants including plaintiff who had applied in general category alongwith all other candidates were included in the draw of lots which was held for 44 houses and the houses for general category were 28 and while drawing lots for general category, the name of Vineeta Bhatnagar appeared on 28th lot and hence she was successful in getting one HIG house in Housing Board Colony, Sector 1 Rohtak for general category. The quota for scheduled caste/backward class is still lying vacant for the purpose of allotment to the scheduled Caste/backward class personnel. The remaining quota of backward class/scheduled caste was never transferred to general category. Waiting list for general category was prepared, in which plaintiff figured at Sr. No. 7. It was urged that in this way plaintiff had no claim against any of the first 28 HIG houses meant for general category as his name did not appear in the first 28 lots. Unexhausted quota of scheduled caste/backward class reservation was never transferred to the general category. 10 HIG houses reserved for scheduled castes/backward classes are still lying un-allotted. Neither plaintiff was given any registration number nor was he asked to deposit any money for allotment of house because no draw was opened in his name in first 28 lots.;