D.S. Tewatia, J.(Oral) - (1.) The petitioner passed B. Ed. examination held in the year 1963. The petitioner applied for recruitment in the Army and was appointed in the Education Corps in March, 1963, where he continued working. While so working the petitioner volunteered for the Para Forces. In the year 1967, when the petitioner jumped out of the aeroplane, his parachute did not open properly, as a result of which he got injuries and thereafter he was discharged on account of medical disability in Dec., 1969. In the year 1971, the Director Public Instruction advertised certain posts of Social Study Masters. He was selected and allotted to Nabha circle. He was originally appointed on ad hoc basis but was appointed on regular basis with effect from March 22, 1972. Another person by the name of Gurnam Singh who was also an ex-serviceman is said to have been similarly appointed with effect from the said date and his name appeared at Sr. No. 18.
(2.) In the year 1975, the respondent-Government advertised 20 posts of Headmasters vide advertisement Annexure P-2. Out of 12 posts reserved for Men's Cadre, three posts were reserved for ex-servicemen. In pursuance of the advertisement, the petitioner applied for the post that the petitioner fulfilled the qualifications prescribed for the post and was called for interview ; that after the interview he was placed at Sr. No. 3, in order of merit, belonging to ex-servicemen cadre, while Om Parkash and Gurnam Singh were placed at Sr. No. 1 and 2 respectively ; that while Om Parkash and Gurnam Singh were issued letters of appointment, no such letter of appointment was issued to the petitioner. On an inquiry, the petitioner is said to have been informed that he could not be appointed Headmaster as prior thereto he had been appointed as Master and, therefore, he ceased to be an ex-serviceman.
(3.) The petitioner has sought a writ of madamus directing the respondent-State to appoint him as the Headmaster against the reserved seat for ex-servicemen as he was entitled to be considered as an ex-serviceman despite having been earlier appointed to the post of Master. The petitioner also has made a grievance of the fact that he has been discriminated against in that Om Parkash and Gurnam Singh who were similarly situated have been given appointment.;