Mr. Hemant Gupta, J.: - This order shall dispose of CWP Nos.17910, 18940 of 2010 and 3050 of 2012 wherein clause 7.2 of Housing Board Haryana (Allotment, Management and Sale of Tenements) Regulations, 1972 was amended in the year 2009 vide notification dated 4.7.2006 published on 21.7.2009 is subject matter of challenge. The relevant clause reads as under:-

“7 Drawing of lots for purpose of allotment .. (1) Allotment of houses shall be made by “draw of lots” or in such other manner as may be determined by the Board.

(2) Unless otherwise specified by the Board out of total number of houses/flats floated in a scheme for allotment to the eligible income categories, i.e. Economically Weaker Section, Lower Income Group, Middle Income Group and Higher Income Group, the reservation for various categories of applicants shall be as follows-

----------------------------------------------------------------------------------------------------------------------------------

Sr. No. Category reservation Percent

age

----------------------------------------------------------------------------------------------------------------------------------

1 Haryana State Government Employees :-

(i) Haryana State Government Employees and Employees of 3%

Boards/Corporation Improvement Trusts/State Cooperative

Banks under Haryana Government who have more than five

years of service at the time of application to retire

(ii) Haryana State Government Employees and Employees of 2%

Boards/Corporation Improvement Trusts/State Cooperative

Banks under Haryana Government who have less than five years

service at the time of application to retire.

2 Retired Haryana Government Employees 2%

3 Housing Board Haryana Employees 1%

4 Schedule Castes 18.5%

5 Handicapped and Blind persons 3%

6 (i) War widows, disabled soldiers, Freedom fighters (including 8%

their children and grand children), defence personnel/

Ex-servicemen personnel (residents of Haryana)

(ii) Paramilitary forces like Central Reserve Police Force, 2%

Boarder Security Force, Indo Tibetain Board Police, Railway

protection force, Central Reserve Force (residents of Haryana

and legal heirs/dependent of the police personnel of Haryana

killed in action)

7 Backward Classes 5%

8 Widows (excluding war widows) 2%

9 Media Persons (Accredited) 1.5%

10 Older persons/Senior Citizens 2%

Total 50%

----------------------------------------------------------------------------------------------------------------------------------

The benefit of reservation to all above mentioned categories shall only be admissible to the residents/domicile of Haryana.

33% reservation in each of the above reserved categories except widows and also in general category shall be for women applicants as first/solo applicant. In case sufficient women applicants are not forthcoming in any of the categories, balance of the houses shall be allotted to other applicants in that same category:

Provided that if sufficient applicants are not forthcoming from any of reserved categories mentioned above, the balance of the reserved houses shall be allotted to the applicants in the general category. The allotment of remaining houses after the allotment to the applicants belonging to the ten reserved categories referred to above shall be made to the applicants of general category.

Note :-

1. The above reservation shall be available only for residential property under Economically Weaker Section, Lower Income Group, Middle Income Group and Higher Income Group categories to be allotted under the hire purchase scheme and shall not be made applicable to other category of allottees, whether residential or commercial. No reservation shall be applicable in case of sale of property by auction.

2. The spill over unsuccessful applicants in any of the reserved categories shall not be considered again in the general pool.

3. Where no house is available for women applicant(s) in any of the reserved category, registered women a