Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JAGMOHAN BANSAL
Deepak – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Jagmohan Bansal, J.
As common issues are involved in both the captioned petitions, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP-20048-2024.
2. The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking setting aside of notice dated 12.08.2024 (Annexure P-12) whereby respondent has short-listed candidates from ex-servicemen category for written test to be held on 17.08.2024 and 18.08.2024.
3. The petitioners are dependents of Ex-servicemen. They are eligible for reservation under ex-servicemen category. The respondent conducted Common Eligibility Test (for short 'CET') on 05.11.2022 & 06.11.2022. The result was declared on 10.01.2023. The name of the petitioners figured in the list of qualified candidates. It is apt to notice that petitioners had applied under Reserved Category, thus, they were required to secure minimum 40% marks. Apart from the petitioners, disabled ex-servicemen and their dependents participated in the test. The respondent vide advertisement dated 28.06.2024 invited applications for different posts. As
Ex-servicemen reservation is overall horizontal, applied across vertical categories post-merit lists; recruitment terms fixed at advertisement cannot be altered by subsequent prospective instructions....
Merit must govern the selection of candidates across categories, allowing migration from reserved to open categories based on superior performance.
No horizontal reservation or carry forward of unfilled ESM vacancies in Group 'B' posts; such vacancies filled by next meritorious general category candidate without keeping posts vacant.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
