JITENDER SINGH AND OTHERS Vs. STATE OF HARYANA AND OTHERS
LAWS(P&H)-2011-8-236
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 18,2011

Jitender Singh And Others Appellant
VERSUS
State Of Haryana And Others Respondents

JUDGEMENT

Ranjit Singh Sarkaria, J. - (1.) PETITIONERS , 15 in number and working in Indian Reserve Battalion (for short, "IRB"), have sought a writ of certiorari for quashing the select list prepared on 16.4.2008 by respondent No.2, selecting private respondents for induction into B1 list for the year 2008. The petitioners claim that they are meritorious and had a legitimate claim for being detailed on B1 list but have been excluded despite the fact that private respondents were ineligible and incompetent but were still selected.
(2.) THE facts pleaded to challenge this detailment noticed in brief are that Union of India had conveyed a scheme for raising IRB by the Government of Haryana and notification dated 8.10.2003 was issued. 50% of the IRB Force was to be sponsored by the Central Government whereas remaining 50% was the responsibility of the State Government. A special syllabus of basic training was circulated for recruitment to IRB by the Ministry of Home Affairs. This was followed for the purpose of recruitment and selection in the force. State of Haryana had raised one IRB Unit. The recruitment was made for various appointments, including that of Constables. The petitioners were selected and appointed on 27.11.2001 as Constables in response to an advertisement dated 13.11.2001. The petitioners would claim that they being from specialised force have been involved in various anti -terrorist and counter -insurgencies activities. They would, thus, claim that they are absolutely distinct and different from the Constable of the State Armed Forces, including the District force. 3. In February 2008, an intimation was received that 72 posts of Head Constables were lying vacant and the respondents were desirous of filling the same. 44 posts out of these were meant for general category selection post whereas 28 posts were to be filled by way of seniority -cum -merit. The petitioners were eligible for 44 seats meant for general category, which were to be filled by way of selection. The respondents had desired that the constables may be selected for induction of their names in list B1 for the year 2008, who would be entitled to further promotion to the posts of Head Constables. The test was accordingly conducted on 5.4.2008. 536 Constables appeared for the same. The petitioners had also appeared in the test. The result was declared on 10.4.2008. 96 candidates were short listed, who were to be go through the process of interview and ultimately 44 candidates were to be inducted in list B1 for the year 2008. The petitioners name appeared in the list of 96 qualified candidates. They were interviewed on 10.4.2008. The result was declared on 16.4.2008, when the list of 44 candidates was circulated. It is the selection of private respondent Nos. 4 to 9 that the petitioners have challenged through the present writ petition.
(3.) THE primary grievance of the petitioners appears to be against respondent Nos. 4 and 5, who, as per them, are from a District Police and were taken in service of IRB and then deputed to undergo B1 course against the posts sanctioned for the members of the IRB.;


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