K.P. Bhandari, J. - (1.) Petitioner Ramesh Chand Verma is admittedly a member of backwards class. He appeared in the competitive examination for the H.C.S. (Executive) and allied services. He was selected and was offered the post of 'A' Class Tehsildar. The petitioner in the writ petition claims that the seat reserved for the backward classes under Section 16(4) of the Constitution was offered to Narinder Kumar Wadhwan, a member of the backward class who competed in the examination. Surjit Singh, another member of the backward class also competed and he was appointed to H.C.S. (Executive) under the general category, according to the merit obtained by him in the competitive examination against the post reserved for backward class. The petitioner submitted representation dated 5.4.1986 Annexure P.2 to the Chief Secretary. In his representation he submitted that Narinder Kumar Wadhwan was a member of backward class and was appointed to the H.C.S. executive branch against the post reserved for the backward classes. However, Narinder Kumar Wadhwan declined to accept the appointment. Narinder Kumar Wadhwan did not join as he was selected to P.C.S. executive branch in Punjab and he opted to join the service under the Punjab Government. The petitioner submitted that he was next in the merit list out of the backward class and he was entitled to be appointed in the H.C.S. (Executive) Cadre. The petitioner's brother Shri G.C. Verma, Advocate submitted representation (Annexure P.4) to the Chief Secretary on similar lines. As the petitioner did not get any reply from the Government, he has filed the present writ petition praying that the petitioner should be appointed to the H.C.S. (Executive) post meant for reserve category.
(2.) The State has filed written statement through Shri Chhatar Singh I.A.S., Joint Secretary to Government, Haryana Political and Services Departments, Chandigarh. The State has refuted the stand taken by the petitioner in the writ petition. The main stand of the State is that when Narinder Kumar Wadhwan did not join, Surjit Singh another member of Backward class who was appointed against the general category should be deemed to have been appointed against the post meant for backward class. Subh Ram Vashista Tehsildar made an application for allowing him to become a party. The said application was made at such a stage when the case was fixed for arguments, so vide my order dated 17.11.1989, after hearing Mr. P.K. Palli, Sr. Advocate, I, however, declined the application. However, Subh Ram Vashista was allowed to intervene and assist the Court.
(3.) I have heard the arguments of Shri P.K. Palli, Senior Advocate, at considerable length. I have also heard Mr. L.P. Sood, D.A. for the State and Mr. V.K. Bali, Sr. Advocate for the intervener.;