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2008 Supreme(SC) 479

2008(2) Supreme 370
Supreme Court of india
A.K. Mathur & Lokeshwar Singh Panta, JJ.
R.K. Poria — Petitioner
versus
State of Haryana & Anr. — Respondents
Writ Petition (civil) 444 of 2002
Decided on : 13-03-2008

Headnote:Constitution of India, 1950 – Article 32 – Writ Petition filed by petitioner seeking appointment in Haryana Civil Service (Executive Branch) – Vacancy for said post arose in the year 1992- Selection process was completed in the year 1996 – Grievance of petitioner highly belated - Held not proper to disturb selection process which was completed in the year 1996 at this distance of time – Writ petition dismissed. (Para 6)

       Facts of the Case –

       1.Haryana Public Service Commission issued an advertisement in November, 1992 inviting applications for 12 vacancies for Haryana Civil Service (Executive Branch). The result of final selection was declared on 15th March, 1996. The petitioner did not come in merit for appointment on post of Haryana Civil Service (Executive Branch) but he was selected in the Haryana Civil Service (Allied Services).

       2.Petitioner did not make any grievance against selection process. However, after the judgment of this Court in “Sandeep Singh Vs. State of Haryana & Anr.” decided on November 09, 2000, the petitioner raised a grievance for appointment in Haryana Civil Service (Executive Branch) and filed a writ petition.

       Findings of the Court :

       Grievance of petitioner being highly belated, held not proper to disturb selection process which was completed in the year 1996. Writ petition was dismissed

       Result : Petition dismissed.

Order

1.Applications for intervention/impleadment are dismissed.

2.We have heard learned counsel for the parties at great length.

3.The grievance of the petitioner was for appointment in Haryana Civil Service (Executive Branch) against vacancy which arose in the year 1992 and selection process whereof was completed in the year 1996 is highly belated.

4.The brief facts are that the Haryana Public Service Commission issued an advertisement in November, 1992 inviting applications for 12 vacancies (9 for General and 3 for Scheduled Caste) for Haryana Civil Service (Executive Branch). The result of final selection was declared on 15th March, 1996. The petitioner did not come in merit for appointment on the post of Haryana Civil Service (Executive Branch) but he was selected in the Haryana Civil Service (Allied Services) and his name was recommended for post of ‘A’ Class Tehsildar.

5.The petitioner did not make any grievance against the selection process. However, after the judgment of this Court in Civil Appeal No. 7422/1999 titled “Sandeep Singh Vs. State of Haryana & Anr.”1 decided on November 09, 2000, the petitioner raised a grievance and started making representations that he may be appointed on the 4th vacancy because as per the roster point every fourth vacancy was earmarked for a candidate from the Scheduled Caste category. Various representations of the petitioner did not find favour with the authorities and hence the petitioner approached this Court by way of present writ petition under Article 32 of the Constitution of India.

6.In our view, the grievance of the petitioner is highly belated and at this distance of time, we do not think it proper to disturb the selection process which was completed in the year 1996. Accordingly, we dismiss this writ petition. No order as to costs.

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