IMPORTANT POINT
It is beyond any cavil that merit has a role to play in the matter of determination of inter-se seniority.

JUDGMENT

S.B. Sinha, J.-Criteria for determining inter se seniority amongst the officers of Haryana Judicial Service; whether on the basis of merit in terms of the merit list or the date of joining, is the core question involved in this appeal which arises out of a Judgment and Order dated 18.8.1999 passed by the Punjab & Haryana High Court in C.W.P. No. 3713 of 1998 filed by the appellant herein.

2. The basic fact of the matter is not in dispute. Haryana Public Service Commission, respondent No. 3 herein issued an advertisement notifying 24 vacancies of Haryana Civil Services (Judicial Branch) on or about 16.8.1988. The break up of the said posts is as under :

(i) Vacancies for General

Category : 9

(ii) Vacancies reserved for

Scheduled castes : 10

(including five vacancies which remained unfilled on account of non-availability of candidates belonging to SC Category in the competitive exam. Held in 1985-86)

(Advertised 3rd time).

  (iii) Vacancies reserved

for ESM : 3

(iv) Vacancies reserved  

for Backward Classes : 2

3. A competitive examination was held in December, 1986. By a Memo dated 6.2.1989, the first respondent herein sent requisition for anticipated vacancies upto 31.12.1990; the break up of which is as under:

1. General Category : 2

2. Scheduled Castes : 1

3. Backward Classes : 1

4. By order dated 27th July, 1989, the Commission recommended 21 names for 28 vacancies, the break up of which is as under:

1. General Category : 11

2. Scheduled Castes : 5

3. Backward Classes : 3

4. Ex-Service men : 2

5. The result of the said examination for recruitment of the HCS (Judicial) Branch was published in the Haryana Gazette on or about 15.9.1989; from a perusal whereof, it would appear that the appellant herein was placed at serial No. 33 whereas the respondent Nos. 8 to 11 were placed at serial Nos. 14, 15, 16 and 18 respectively. It is not in dispute that on or about 6.2.1989 it was notified that existing and notified vacancies would be increased by 4; as a result whereof a further reservation being one for Scheduled Castes candidate and 1 for Backward Class candidate and 2 for general candidates was made, the break up whereof is :

1. Scheduled Castes : 1

2. Backward Classes: 1

3. General category : 2

The break up of all the 28 vacancies was as follows:

1. General category : 11

2. Scheduled Castes : 11

3. Backward classes : 3

4. Ex-service men : 3

6. In the result published by the Haryana Public Service Commission, 42 candidates were declared qualified in terms of the provisions of the Rules Relating to the Appointment of Subordinate Judges in the Haryana Civil Service (Judicial Branch), 1951 (hereinafter referred to as the Rules ). Out of the successful candidates, three persons, namely, Mr. Baljeet Singh, Mr. Gulab Singh and Mr. Chaman Lal Mohal whose names figured at serial Nos. 27, 39 and 42 belonged to the Backward Classes. Five persons including the appellant herein, namely, Mr. Ram Singh, Mrs. Bimlesh Tanwar, Mr. Krishan Kumar, Mr. Ram Niwas Bharti and Mr. Jagdish Rai Duggal who were at serial Nos. 30, 33, 38, 40 and 41 of the Select List respectively belonged to Scheduled Castes and two persons, namely, Mr. Man Mohan Dhonchak and Mr. Chander Bhan were selected from the category of Ex-servicemen. 10 posts were, therefore, available for 17 posts reserved for different categories. According to the High Court, seven vacancies reserved for the members of Scheduled Castes and one for Ex-se