C. Ramesh Chander and Others vs State of Haryana and Others

Ranjit Singh, J.—The Petitioners have filed this writ petition, seeking direction to depute them to Lower School Course under 35% quota on the ground that their juniors were already deputed in the year 2006. To support their claim, counsel for the Petitioners placed reliance on Naresh Kumar v. State of Haryana and Ors. (C.W.P. No. 7952 of 2004), decided on 5.11.2004 and Balraj Singh and Ors. v. State of Haryana (C.W.P. No. 19968 of 2006), decided on 22.10.2008.

On 20.7.2010, the case was adjourned to enable the State counsel to have instructions as the directions issued in the cases of Naresh Kumar and Balraj Singh (supra) are being uniformly followed by the Respondents. On 13.10.2010, State counsel prayed for some more time to have instructions. Today counsel says that the Petitioners have not approached in time and as such, they do not deserve to be detailed on the ground that their juniors were detailed in the year 2006. The instructions issued in Balraj Singh''s case (supra) are general in nature. The Division Bench of this Court has already directed that the instructions issued would apply in all cases. In this background, it will not be appropriate for the State to take the stand that the Petitioners can not be considered for detailment with effect from the date their juniors were so detailed. Rather, it will appear contemptuous in nature.

The present writ petition is accordingly disposed of with a direction to the State to strictly follow the directions issued by the Division Bench of this Court in Balraj Singh''s case (supra) and grant the necessary relief to the Petitioners within a period of two months from today.

The writ petition is accordingly disposed of.