JUDGEMENT
K.KANNAN, J. -
(1.) ALL the petitioners have a similar grievance that in the manner of assessment of their eligibility for appointment to the post
of Physical Training Instructors (PTIs), they were not considered
under the relevant category as dependents of ex -servicemen. The
reason for rejection although called for the interview was that they
had not furnished the dependent certificates in the prescribed format.
The petitioners' contention was that many candidates with similar
dependent certificates had been considered and selected under ex -
servicemen categories and even persons having secured lesser marks
had been selected. The petitioners would submit that they had
obtained respective certificates from Zila Sainik Board and they had
been allotted the respective roll numbers only after being specified
that they fulfilled the necessary eligibility. The petitioner No.1
would claim that he had secured more marks than the selected
candidates. He would also state that the other candidates, who had
filed similar certificates, had been considered but no details of such
selected candidates had been given in the writ petition.
(2.) THE written statement has been filed on behalf of the 4th respondent -Secretary, Zila Sainik Board, who would state that the
instructions were issued to Zila Sainik Board by the Rajya Sainik
Board, Haryana that where qualified ex -servicemen were available,
the eligibility certificate for dependents shall not be issued. They
had, therefore, issued relationship certificates on their demand and
later after a deliberation with the Member of Parliament, Rohtak and
in the presence of Secretary, Rajya Sainik Board, eligibility
certificates about dependence to ex -servicemen were also issued for
the post of JBT teachers. The 4th respondent would, therefore, justify
the circumstances under which the eligibility certificates had been
issued to the petitioners 1 to 3 and would enclose copies of the same
as Annexures R4 to R6.
The State has also filed reply contending that the ex - servicemen were given the benefit of reservation in the matter of
employment only once in life and benefit cannot be claimed by his
children if the ex -servicemen had himself claimed it once. The
District Sainik Board would, therefore, issue an eligibility certificate
only when the benefit was being sought for the first time either as an
ex -serviceman or a dependent on such ex -serviceman. No such
eligibility certificates had been issued to the petitioners nor received
by the State. They had only submitted that the dependent certificate
which was not sufficient.
(3.) THIS contention would seem to be not correct. From the documents filed by the 4th respondent -Zila Sainik Board, Annexure
R4, is for Ashwani Kumar, who is the 1st petitioner herein, Annexure
R5, is for Prem Singh, who is the 2nd petitioner and Annexure R6, is
for Narinder Singh, who is the 3rd petitioner. All have been issued
with eligibility certificates and not merely dependent certificates as
mentioned therein.;
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