M.M.Kumar, J. - (1.) This petition filed under Article 226 of the Constitution prays for issuance of direction to the respondents to select and appoint the petitioner on the post of Radiographer in the Department of Health, which is under the control of Financial Commissioner and Principal Secretary to Govt. of Haryana (respondent No. 2) and Director General of Health Services Haryana (respondent No. 3). It has further been prayed that a writ of certiorari quashing appointment of respondent No. 5 as Radiographer in the Department of Ay urveda be issued which has been subsequently made by ignoring and superseding the waiting list prepared by Haryana Staff Selection Commission (respondent No. 1).
(2.) Brief facts of the case are that on 11.1.2006, the Haryana Staff Selection Commission, respondent No. 1 on the requisition made by respondent No. 2, issued an advertisement (Annexure P-1) inviting applications for 47 posts of Radiographers in the Health Department. Out of 47 posts, 20 posts were allocated to General Category and rest of the posts were reserved for ESM (BC-A), ESM (BC-B) and for Sports person. The petitioner belongs to General Category. The petitioner has asserted that he was eligible in every respect for the post and duly applied. The criteria of selection was academic qualification 50 marks and viva voce 25 marks. The petitioner appeared under Roll No. 53. The result was declared on 20.4.2006 (Annexure P-2). However, the name of the petitioner was kept in the waiting list of General Category at Sr. No. 2. In respect of reserved category, 5 posts were kept vacant on account of non-availability of eligible candidates belonging to reserved category. The petitioner has alleged that those 5 posts could not be kept vacant once eligible candidate belonging to General Category were available albeit their names were kept in waiting list.
(3.) The Haryana Staff Selection Commission (respondent No. 1) on the requisition received from Director, Ayurveda, respondent No. 4 had issued another advertisement on 8.2.2006 for one post of Radiographer. The qualifications and eligibility conditions were the same. The petitioner as well as respondent No. 5 applied again. The petitioner was allocated Roll No. 1 and respondent No. 5 was allocated Roll No. 3. The result in respect of second advertisement was declared on 27.5.2006. The respondent No. 5 was selected and appointed as Radiographer in the Ayurvedic Department. It is pertinent to mention that in the earlier selection process when 47 posts were advertised, respondent No. 5 had failed to make a mark. His name did not figure even in the waiting list, whereas the petitioner had secured 44.12 marks. In the second selection process, the marks of the petitioner had crashed to 36.12. The petitioner has alleged that the aforementioned position had arisen on account of political influence enjoyed by respondent No. 5. He has claimed that selection of respondent No. 5 is liable to be quashed especially when the waiting list candidate belonging to General Category in the first selection were available and the select list has remained valid for a period of six months.;