Vijay Kumar vs Haryana State Agriculture Marketing Board, Panchkula and another

L. N. Mittal, J.—Vijay Kumar - petitioner applied for the post of Auction Recorder under Haryana State Agriculture Marketing Board - respondent no.1, as advertised by respondent no.2 - Haryana Staff Selection Commission. The petitioner was kept in the waiting list. The petitioner has filed this writ petition seeking appointment to the post of Auction Recorder against vacancy arising subsequently.

I have heard learned counsel for the parties and perused the case file.

Learned counsel for the petitioner relied on a judgment in the case of Virender S. Hooda and Others Vs. State of Haryana and Another, in support of the claim of the petitioner. However, counsel for respondent no.1 relied on an unreported judgment of this Court dated 21.09.2010 passed in C. W. P. No. 3891 of 2009 titled Surinder Pal vs. State of Haryana and others relating to same selection of Auction Recorder and involving the same issue.

I have carefully considered the rival contentions.

Judgment in the case of Virender Singh Hooda (supra) was also considered in the case of Surinder Pal (supra). State Government issued instructions dated 07.10.1998 specifically restricting the appointments to the extent of advertised vacancies and prohibiting appointments from the waiting list except when any vacancy remains unfilled in the advertised posts. Relying on the said instructions in the case of Surinder Pal (supra), the writ petition seeking similar relief was dismissed. The instant case is squarely covered by the judgment of this Court in case of Surinder Pal (supra) relating to same selection. Accordingly, the instant writ petition is dismissed.