A.L. Bahri, J. - (1.) The present writ petition is fully covered by our decision in Bir Singh v. State of Haryana and others, Civil Writ Petition No. 11553 of 1993, decided on July 18,1994.
(2.) Some posts of Clerks were advertised in September 1991 only for Ex-servicemen or their dependents. After selection was finalised, appointment letters were issued. Persons lower in merit to the petitioners were given appointment. However, petitioners were ignored.
(3.) On notice of motion, written statement was filed by the official respondents, taking up the stand that selection was made in two categories, i.e. Class A category and Class 'B category of Clerks. Class A category comprises of candidates, who had passed Matric in first division/Higher Secondary in second division/intermediate in second division/Graduation in third division whereas Class 'B' category was for Matriculates. Annexure A, attached with Annexure R/l specially provides that the qualification for Ex-servicemen (which includes their dependents) is Matric only. That being the position, in the present case the petitioners could not be ignored, being Matriculates only. As per affidavit of Shri M.S. Madan, Secretary, Subordinate Services Selection Board, name of petitioner No. 3 - Rajpal appears at serial No. 277 on the merit fist and not at No. 227, as mentioned in the written statement. It is further stated that in the merit list petitioner No. 1 appears at serial No. 252, petitioner No. 2 at serial No. 284, petitioner No. 4 at serial No. 294 and petitioner No. 5 at serial to them. No. 251. The petitioners, in any case, are to be accommodated as they are within the number of post filled.;