207 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DECIDED ON: 02.02.2026 SURINDER SINGH .....PETITIONER(S)

VERSUS STATE OF HARYANA ETC.

.....RESPONDENT(S)

CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.

Present: Mr. Subhash Ahuja, Advocate for the petitioner.

Mr. Parveen Mehta, Addl. AG. Haryana SANDEEP MOUDGIL, J

1. The jurisdiction of this Court has been invoked under Article 226/227 of the Constitution of India for issuance of directions by declaring the promotion of respondent no.3 (a general category candidate) on the post of Senior Scientific Assistant made against the post/vacancy meant for the scheduled caste category candidate as invalid being violative of the instructions of the Haryana Government.

2. Learned counsel for the petitioner contends that the impugned action of the respondents in promoting respondent No.3 to the post of Senior Scientific Assistant is patently illegal and contrary to the statutory rules governing the service. He further contends that the vacancy in question was admittedly a backlog vacancy reserved for Scheduled Caste ‘B’ category and, therefore, the same could not have been filled by promoting a candidate belonging to the general category. It is submitted on behalf of the petitioner that the petitioner was appointed as Scientific Assistant on 4.6.1999 through direct recruitment conducted by the Haryana Staff Selection Commission against a post reserved for Scheduled Caste ‘B’ category. He further submits that the petitioner possesses the requisite qualification of M.Sc. with second division and has completed the prescribed period of experience, thus fully satisfying the eligibility criteria under the Haryana Forensic Science (Group ‘C’ Scientific Staff) Service Rules, 1979 as amended in

1995.

3. Learned counsel alleges that despite the availability of a backlog vacancy meant exclusively for Scheduled Caste candidates, respondent No.3, who belongs to the general category, was promoted on 14.12.2000 in complete disregard of the reservation roster. It is argued that the subsequent rejection of the petitioner’s claim, purportedly in compliance with the earlier directions issued by this Court, is arbitrary and based solely on Government instructions dated 22.6.2000. He further argues that such executive instructions cannot override or dilute the statutory service rules framed under the proviso to Article 309 of the Constitution of India. It is contended that once the vacancy was identified as a backlog vacancy for Scheduled Caste candidates, the respondents were duty- bound to fill the same from amongst eligible Scheduled Caste candidates and could not have resorted to promotion of a general category candidate.

On behalf of respondents/State

4. Learned State counsel, on the other hand, submits that there are only three sanctioned posts of Senior Scientific Assistant/Chemistry in the Chemistry Division of the Forensic Science Laboratory, Haryana, Madhuban, out of which two were already filled and only one post was vacant at the relevant time. He submits that for filling up the said vacancy, a duly constituted Departmental Promotion Committee considered the eligible candidates and recommended Shri Raj Kumar at Serial No.1 and the petitioner at Serial No.2 in accordance with their inter se seniority.

5. He submits that since the promotion was to be made on the principle of seniority-cum-merit and Shri Raj Kumar was admittedly senior to the petitioner, he was rightly promoted on 14.12.2000. Learned State counsel further submits that the benefit of reservation in promotion is governed strictly by the reservation policy and instructions issued by the State Government, particularly instructions dated 22.06.2000 and 20.07.1995, which provide that 20% of the posts in a block of 100 are reserved for Scheduled Caste candidates at specified roster points.

6. He submits that none of the three sanctioned posts of Senior Scientific Assistant/Chemistry falls at a reserved roster point and, therefore, no vacancy under