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2010 Supreme(SC) 351

D.K.JAIN, T.S.THAKUR
Ravinder Kumar – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For the Appellant:P.S. Patwalia, Sr. Advocate, Aman Preet Singh Rahi, Ajay Singh, Ashok K. Mahajan, Advocates. For the Respondents:Manjit Singh, AAG, Kamal Mohan Gupta, Advocate.

Judgment :-

T.S. THAKUR, J.

1. This appeal arises out of an order passed by the High Court of Punjab & Haryana, whereby Writ Petition No.1061 of 2007 filed by the appellant has been dismissed and the appellant's claim for appointment as a Constable in the Haryana Police Department turned down. The High Court has taken the view that since the marks scored by the appellant were less than the marks awarded to the last candidate in the general category, he could make no grievance against his non-selection in that category. The appellant assails that view primarily on the ground that the High Court has failed to notice certain important aspects that render the order unsustainable, in particular the fact that two of the candidates selected in the reserved category having scored marks that were higher than those scored by the last candidate selected in the general category, the said candidates ought to have been selected against vacancies in the general merit category. If that were done, the appellant could be appointed against one of the said vacancies. The factual matrix giving rise to the controversy need be summarized at this stage:

2. A selection process to fill up 100 available posts



























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