JUDGEMENT
R.S. Mongia, J. -
(1.) BY this judgment three letters patent appeals Nos. 1180, 1190 and 1182 of 1988 shall be disposed of The first two letters patent appeals have been filed against the judgment of learned Single Judge in C.W.P. No. 4307 of 1988, decided on 3rd October, 1988, allowing the writ petition in which" there were 17 Petitioners, One of the above appeal has been filed by the State and the other by Ravinder Bhatnagar and others, private Respondents in the writ, petition. The third letters patent appeal (No. 1182 of 1988) has been filed by the State of Haryana against the judgment in C.W.P. No. 7160 of 1987, which was allowed on the same state, i.e., 3rd October, 1988 in the same terms as C.W.P. No. 4307 of 1987. There were two Petitioners in C.W.P. No. 7160 of 1987.
(2.) BRIEFLY the facts giving rise to the present appeals are that the present Respondents (writ Petitioners) had not been appointed by the State of Haryana as Taxation. Inspectors even though they had been duly selected for these posts by the Subordinate Services Selection Board, Haryana (hereinafter called the 'Board') in an open competition. On 22nd July, 1982, an advertisement appeared in various, daily news -papers on behalf of the Board, inviting applications for 29 posts of Taxation Inspectors, mentioning therein the academic qualifications etc. prescribed for the said posts. In response to the said advertisement, the writ -Petitioners had applied and appeared in the written test held on 22nd/23rd May, 1983. Since in addition to the original requisition for 29 posts sent by the State of Haryana, certain more posts became available, the State Government sent revised requisition on 4th July, 1985 for 79 posts of Taxation Inspectors to the Board. Accordingly, the Board made selection against the aforesaid posts and forwarded its recommendations of 49 candidates only to the State Government on 14th January, 1986. An intimation thereof was sent to the selected candidates also, which included the writ Petitioners. The Excise and Taxation Commissioner, Haryana, on receipt of the aforesaid recommendations from the Board, got the character verification/antecedents as well as the medical examination of the Petitioners done.
(3.) CERTAIN persons who were not successful in the selection made by the Board, approached this Court by way of C.W.P. No. 833 of 1986 Joginder Singh v. The State of Haryana and Ors. for challenging the selection of the present Respondents (writ -Petitioners). The main challenge in that writ petition was the allocation of high percentage of marks for interview. Since the matter was sub -judice and the very selection of the present Respondents (writ -Petitioners) was challenged, the State Government did not issue appointment letters to them. Ultimately, the matter was decided by Full Bench of this Court and the writ petition was dismissed on 17th July, 1986. The judgment is now reported in, 1986 (3) S.L.R. 645. Incidentally it may be mentioned that the State's stand in Joginder Singh's case (supra) was that the selection was perfectly valid and they were going to give appointments to the selected candidates. Meanwhile, another writ petition (C.W.P. No. 2839 of 1986) was filed by some persons in which the recommendations of the Board against the revised requisition for 79 posts was challenged. This Court stayed the appointments of the Taxation Inspectors over and above 29 posts for which initially advertisement had been made by the Board. Against that order, some of the present writ -Petitioners who were Respondents in that case, moved the Supreme Court in C.P. No. 304 of 1986. Ultimately, the Supreme Court disposed of the matter with certain observations, which may not be very relevant for the disposal of these appeals. On 10th March, 1987, the writ Petitioners in C.W.P. No. 2839 of 1986 moved a misc application, on which the following order was passed on the same day:
Civil Misc. No. 770 of 1987 allowed as prayed. In the additional affidavit dated March 5, 1987, filed by the Petitioners in Civil Misc. No. 365 of 1987, it has been stated that as the Haryana Government has notified the vacancies for fresh recruitment and applications, for that purpose have also been invited, the main petition has become infructuous and may be dismissed as such. Ordered accordingly. No costs.;
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