Karambir Singh and others vs State of Haryana and another

Augustine George Masih, J.—Petitioners have approached this Court on a plea that in pursuance to an advertisement issued by the Haryana Staff Selection Commission dated 02.04.2010, petitioners were placed in the waiting list of BC-A category. All the three petitioners are on merit No. 3, 4 and 5 of the waiting list respectively. Five candidates, who were selected, have not joined and, therefore, five vacancies belonging to the BC-A category are still available with the respondents. Petitioners contend that as per the Policy Decision/Instructions dated 07.10.1998 (Annexure P-1), the candidates, who are in the waiting list, have to be given appointment, in case the selected candidates do not join. In a similar case, directions were issued by this Court in CWP No. 13101 of 2005 titled as Simi Mehta and others v. State of Haryana and others, decided on 16.09.2005 (Annexure P-2) to consider the claim of the petitioners in the light of the various judgments passed by this Court. Claiming the benefit of appointment in the light of the instructions and the judgment referred to above, petitioners have made representations dated 09.08.2011 and 27.12.2011 (Annexures P-3 to P-5 respectively) but till date, no decision thereon has been conveyed to the petitioners. Counsel for the petitioners contends that the petitioners, at this stage, would be satisfied if a direction is issued to the Director, Elementary Education, Haryana-respondent No. 2 to consider and decide the representations dated 09.08.2011 and 27.12.2011 (Annexures P-3 to P-5 respectively) within some specified time in the light of the facts, circumstances and law in this case. Without going in the merits of the case or commenting thereon, this writ petition is disposed of with directions to the Director, Elementary Education, Haryana-respondent No. 2 to consider and decide the representations dated 09.08.2011 and 27.12.2011 (Annexures P-3 to P-5 respectively) within a period of four weeks from the date of receipt of certified copy of this order. The decision so taken be conveyed to the petitioners forthwith.