HEMANT GUPTA, J. - (1.) THIS order shall dispose of aforesaid two Letters Patent Appeals filed on behalf of the 05 General category candidates i.e. 04 in LPA No.1903 of 2011 and 01 in LPA No.2021 of 2011, as both the appeals arise out of the same judgment of the learned Single Judge and raise similar question of law and facts.
(2.) THE names of the appellants appear at Sr.No.42 onwards in the list of General category candidates for appointment to the Haryana Civil Services (Judicial Branch) (for short "the Service"), the result of which was declared on 20.12.2007. THE appellants claimed appointment to the Service, inter alia, for the reason that in terms of Rule 8.5 Part D of Punjab Civil Services (Judicial Branch) Rules, 1951 applicable to the Haryana Civil Services (Judicial Branch) (for short "the Rules"), the names of the candidates selected by the Government for appointment, as Civil Judges (Junior Division), are required to be entered in the High Court Register to the extent of 30% more than the advertised vacancies. It is, thus, alleged that since 54 vacancies were advertised, therefore, the respondents are under statutory obligation to maintain names of 54 + 16 = 70 names in the Register to meet any contingency. It is also contended that in terms of the judgment of Hon'ble Supreme Court in Malik Mazhar Sultan Vs. U.P.Public Service Commission and others (2006) 9 SCC 507, the vacancies have to be calculated by including 10% of the number of posts towards future vacancies that may arise due to elevation to the High Court, death or otherwise. Reliance is also placed upon Clause 11 of the Schedule fixed for filling up of the vacancies, wherein the declaration in the final select list was to be in order of merit and should be double the number of vacancies notified in the aforsaid judgment of the Hon'ble Supreme Court. It was also alleged that 17 additional vacancies of Civil Judges (Junior Division) became available besides the 65 additional posts created on 20.11.2007, therefore, such posts are also required to be filled up on the basis of selection process initiated vide advertisement issued in the year 2007. It is also pointed out that 05 posts have fallen vacant on account of the candidates, who resigned consequent to their joining in Punjab Civil Services (Judicial Branch) or in the Delhi Judicial Services.
(3.) THEREFORE, the appellants invoked the writ jurisdiction of this Court seeking appointment in the Haryana Civil Services (Judicial Branch). The selection process was initiated with the issuance of notifaction on 23.03.2007, when 34 vacancies were taken out of the purview of the Public Service Commission. Out of such 34 vacant posts, 16 posts were meant for General Category; 09 for Schudule Castes of Haryana; 05 of Backward Classes of Haryana; 01 of Ex-servicemen of Haryana & 03 of Physically handicappted. 20 anticipated vacancies were also advertised. The final result was notified on 13.2.2008. But before the notification of result, 65 additional posts were created on 21.11.2007. To fill up the said posts, separate advertisement was published on 14.09.2008. All the 54 vacancies notified vide advertisement issued in the year 2007 have been filled up in two phases i.e. 13.02.2008 and 14.03.2008 in the following manner: Category Vacancy shown in the advertisements Actual vacancies that were available on reconciliation with the data made available by the Hon'ble High Court Posts filled up in the first phase i.e. 13.02.200 Posts filled up in the second phase i.e. 14.03.2008 Total (1) (2) (3) (4) (5) (6) General 28 29 23 17 40 Scheduled Castes 13 11 5 - 5 Backward Classes 6 9 3 6 9 Ex-servicemen 3 2 - - - Physically handicapped persons 4 3 - - - Total 54 54 31 23 54;