- (1.) The petitioner has prayed for issuance of a writ in the nature of Certiorari for quashing Advertisement No. 3/2008 of Category No. 46 dated 07.06.2008 (Annexure P-12) issued by respondent No. 1 qua the post reserved for Scheduled Caste for appointment to the post of Executive Assistant (Marketing). The petitioner has further prayed that direction be issued to the respondents to fill up the Executive Assistant (Marketing) post reserved for Scheduled Caste category out of the waiting list of selected Scheduled Caste candidates against Advertisement No. 14/2007, Category No. 50 dated 09.11.2007 (Annexure P-1).
(2.) It is the contention of the petitioner that in pursuance to the Advertisement dated 09.11.2007, the petitioner has applied for the post of Executive Assistant (Marketing) reserved for the Scheduled Caste category for Haryana Dairy Development Co-operative Federation Limited. The petitioner was selected for the said post and was placed in the waiting list, result whereof was published on 20.08.2008. It is the contention of the petitioner that this vacancy was very much available when the subsequent Advertisement No. 3/2008 dated 07.06.2008 (Annexure P-12) was issued by the respondents for filling up the post of Executive Assistant (Marketing). This contention is raised by the petitioner on the ground that before the result of selection of the Advertisement No. 14/2007 was declared, fresh Advertisement No. 3/2008 dated 07.06.2008 was issued, although the result of the earlier selection was declared only on 20.08.2008. The petitioner further contends that in the earlier Advertisement, it was specifically mentioned that there was a stipulation that a number of vacancies may vary. It is further the contention of the petitioner that the High Court has with regard to appointment to HCS (Judicial), in similar circumstances, although published a fixed number of vacancies but has subsequently filled up further vacancies, which had arisen from the waiting list.
(3.) We have heard the counsel for the petitioner and gone through the records of the case with his assistance.;