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Judgment
Hon''ble Mr.Justice G.S. Sandhawalia
Challenge in the aforesaid writ petitions is for quashing of the conditions mentioned in the application form that the former ex-servicemen shall be entitled to apply for a plot keeping in view the rank, which they held while in active service.
An advertisement was published by Haryana Urban Development Authority (for short ''the HUDA'') inviting applications for allotment of residential plots in Sector - 6, Jhajjar. The application form, containing the eligibility criteria, contemplated that the applications are to be submitted in relation to the rank held by the applicants. The eligibility criteria, as mentioned in Annexure P-2, is as under:
(i)Officers of the rank of Colonel and above and equivalent rank of Navy and Air Force/Para Military Forces eligible to apply for one CWP No.18393 of 2008 3 kanal plot only.
(ii)Other Commissioner Officers upto Lt. Col. And equivalent rank are eligible for 14 marla and 10 marla plot only.
(iii)JCOs/ equivalent and other ranks are ligible for plots of 8, 6 & 4 marla.
The grievance of the petitioner is that the classification to submit an application for allotment of a particular size of a plot, based upon the rank held by the applicant at one point of time, is without any reasonable nexus with the objective to be achieved and consequently, unsustainable. Similar grievance was raised in CWP No.16064 of 2004 titled "Prem Singh Vs. HUDA & another". A Division Bench of this Court vide order dated 18.07.2006 set aside such classification. It was observed as under:
After hearing learned counsel for the parties, we find that the grievance made by the petitioner is wholly justified. In the Information Brochure or even in the written statement, no justification has been offered by the respondents as to why there was any such subdivision/ classification amongst the decree personnel/ex-servicemen etc. As a matter of fact, in our considered view, the aforesaid classification amounts to discrimination amongst the persons who have ex-service background and as such have been granted reservation. Consequently, we quash the order (Annexure P-4) and the plot in question which had been allotted to the petitioner shall stand restored back to him. Of course, the petitioner shall be required to deposit the remaining amount due from him, as per terms and conditions of the allotment.
The HUDA filed a SLP against the said order, which has been dismissed on 29.11.2010, when the following order was passed:
The SLP is dismissed. However, the question of law is kept open.
Earlier the hearing of the present petition was adjourned sine die to await the order of the Hon''ble Supreme Court. But now, it has been pointed out that the SLP has been dismissed, therefore, the present writ petition is taken up for hearing.
A Division Bench of this Court in Prem Singh''s case (supra) has found that the classification for allotment of a plot, based upon the rank of an Officer, is unreasonable. Such finding is binding on the present Division Bench. Therefore, this Court cannot re-examine the question of legality of classification.
Consequently, the present writ petition is allowed. The eligibility criteria for allotment of a plot, dependent upon rank held by an applicant, cannot be sustained and is set aside.