- (1.) This petition filed under Article 226 of the Constitution prays for issuance of a direction to the respondents to issue posting orders to the petitioner by granting him permission to join as Sub-Inspector, Cooperative Societies claiming that the petitioner has been duly selected and has qualified the training course from the Cooperative Institute, Nabha. The petitioner belongs to Rajasthan and his caste 'Nayak Harijan' is recognised as a Scheduled Caste there.
(2.) Brief facts of the case necessary for the disposal of the controversy raised in the instant petition are that on the basis of the requisition sent by respondent No. 1 to the Subordinate Services Selection Board, respondent No. 3, issued an advertisement in the English daily 'The Tribune' on 1.5.1982 inviting applications, inter alia, for appointment to the post of Sub- Inspector (Males), Cooperative Societies. The total number of 300 posts were advertised and 100 posts were reserved for Scheduled Caste/Tribe, 15 posts were reserved for Backward Class and 45 were reserved for Ex-servicemen. The advertisement as appeared in 'The Tribune' dated 1.5.1982 reads as under :- "300 Sub-Inspectors, Cooperative Societies (Male) 100, 15 and 45 posts are reserved for Scheduled Castes/Tribes, Backward Class and Ex- servicemen respectively. Age : 20-27 years, Relaxation in age limit for Government servants as per Government rules and instructions. Scale Rs. 450-800. E.Q : Graduate of a recognised University or its equivalent. Preference will be given to those having passed the Junior Diploma in Cooperation. The selected candidates who do not hold diploma in Cooperation shall have to undergo six months training prescribed for the post before appointment. During training they will get stipend. The selected candidates before getting training shall have to execute agreement bond as required. Those who had applied in response to Board's advertisement No. 7/78 category No. 5, dated 15.6.1978 and subsequent corrigendum dated 15.2.1979, 3.3.1979, 15.1.1980 and 20.1.1980 and fulfil the prescribed qualifications and age limit mentioned above, need not apply again. Those who had applied in response to Cooperative Department advertisement dated 18.4.1980, also need apply again. Difference of fee will be taken from the old applicants at the time of interview in the shape of bank drafts".
(3.) The petitioner claiming to be fully eligible applied for the post under Scheduled Caste category. He attached a certificate issued by the District Magistrate, Ganganager dated 11.7.1977 (P-1), which is to the effect that the petitioner belongs to 'Nayak Harijan caste', which is a Scheduled Caste under the Constitution (Scheduled Castes) Order, 1950. The certificate showing him as a permanent resident of Ganganagar was also attached with the application. He was informed by respondent No. 1 that he was duly selected by the Subordinate Services Selection Board - respondent No. 3 to the post of Sub- Inspector, Cooperative Societies. It was further intimated that he was to be called for training in due course of time. Out of 287 persons selected for the post of Sub Inspectors, the petitioner was placed at Serial No. 247 in the merit list and in the list of Scheduled Caste he was at Serial No. 88 out of 100 seats reserved for that category. He was eventually sent for training to Cooperative Training Institute, Nabha. He completed six months junior basic course from that institute (26.9.1984 to 12.3.1985). The name of the petitioner was recommended by respondent No. 1 to respondent No. 2 along with 67 other selected candidates on 6.3.1985. The name of the petitioner appeared at Serial No. 63 out of the list of 68 candidates. The Deputy Registrar was directed by respondent No. 1 to issue posting orders. However, he did not issue posting order in respect of the petitioner. The reasons for non-issuance of posting order has been disclosed by respondent No. 2 in a communication dated 25.9.1985, addressed to respondent No. 1. The aforementioned communication discloses that there was no post of Sub-Inspector vacant in the Jalandhar Circle and some telephonic message was flashed instructing the Deputy Registrar, respondent No. 2, not to issue the posting orders of the petitioner. The petitioner made a representation to respondent No. 1 on 19.6.1985 (P-5).;