Ritu Bahri, J. - (1.) The petitioners have filed present writ petition seeking a writ of certiorari to quash the order dated 9.10.2015 (Annexure P -9) by which the claim of the petitioners, for appointment as Constables, who have been selected in the waiting list of SC and BCA Category qua the posts of Ex -Service -men SC Category and BCA category remained vacant due to non availability of the candidates of Ex -Servicemen SC Category and BCA Category has been rejected. The Police Department, Haryana had advertised 5456 post of Constables. Pursuant to the said advertisement, petitioners No. 1 & 2 belonging to SC category and petitioners No. 3 to 8 belonging to BCA Category applied for the said posts. After interview of the candidates, the result was declared in the month of January 2012 and appointment of the candidates were made from April 2012 onwards. The petitioners belonged to District Jind and the total post of Ex -servicemen category were as under: After declaration of the result, 12 posts of Ex -servicemen SC category and 12 posts of Ex -servicemen BC category remained vacant due to non -availability of the candidates.
(2.) As per Instructions dated 20.7.1995 (Annexure P -1), in Haryana, the posts meant for Ex -servicemen and sports persons are horizontal in nature. As per instructions dated 7.10.2008 (Annexure P -2), Chief Secretary has clarified that if the candidates of horizontal reservation are not available then the posts will go the main category. As per instructions dated 2.7.2010 (Annexure P -3), the Haryana Govt. had issued instructions on 2.7.2010 that if posts meant for Ex -servicemen SC or BCA category remained vacant due to nonavailability of the candidates, the same may be filled up from the candidates of the waiting list of the main category i.e. SC or BCA. A further clarification was issued by the Chief Secretary that posts meant for ESM, SC/BC/General category be filled up from the main category of SC/BC/General Category. The copy of the clarification dated 4.4.2014 to this effect is attached as Annexure P -4. "2. It is intimated that the General Administration Department has decided in principal to amend the instructions dated 2.7.2010 to the extent that in case no suitable candidate is found for appointment against the vacancies reserved for ESM (SC/BC/General) there is no need to readvertise the vacancy and the same will be filled up from the main category i.e. SC BC or General category respectively. Administrative Department is further advised that the appointments in question be made after the Model Code of Conduct is over."
(3.) The petitioners approached respondents in the month of February 2012 and thereafter filed CWP No. 18061 of 2014 which was heard along with CWP No. 16426 of 2013 and both the writ petitions were disposed of on 3.8.2015 (Annexure P -8) by giving directions to the respondents to consider the claim of the petitioners in the light of the judgment of this Court in the case of Garima Jindal v/s. Haryana Vidyut Parsaran Nigam Ltd. and another (CWP No. 13384 of 2011 decided on 6.8.2012). The respondents rejected the claim of the petitioners vide order dated 9.10.2015 (Annexure P -9).;