Union of India and another V/s Arvinder Kumar and another

Information Type: Judicial Information
Court: High Court
High Court Name: High Court of Punjab and Haryana, Chandigarh
Date of Judgment(s): 2013-04-01
Case No: 14399 of 2012 (O&M)
Case Type: Writ Petition (Civil)
Judge Name: A.K. Sikri, Chief Justice & Rakesh Kumar Jain
Subject: Civil Law
Statutes / Acts: Code of Criminal Procedure (CrPC)
Bench Strength: Double Bench
Advocate: G.S.Bal (P) & Raj Kumar Sharma (R)
State of Appellant(s): Haryana
Case Note / Description :

It is the own case of the petitioners that there were 81 vacancies for selection to the post of AEN which had to be bifurcated in 70:30 ratio for the assessment period 01.06.2007 to 31.05.2009. On bifurcation, total vacancies of AEN came to be 57 against 70% quota, out of which 9 posts were meant for SC, 4 for ST and 44 were unreserved. However, a revised reservation calculation were proposed as per which the post meant for SC were found to be 6, for ST 3 and unreserved were 48. It is also not in dispute that 1 SC candidate, namely, Harbhajan Singh had qualified against general standards (General category) in the panel of 2003-2005 who had been litigating with the petitioners for his empanelment in the 2003-2005 in which he was successful and was promoted in the panel of 2003-2005 causing vacancy in the panel of 2007-2009 in the General category in which respondent No.1 has been ordered to be considered by the Tribunal being the senior most. We are not convinced with the argument raised by the counsel for the petitioners that on having been adjusted against the panel of 2003-2005 in the General category quota, Harbhajan Singh had carried the post in the said panel causing a reduction in the unreserved category to 47 which were otherwise 48 in number. 

 
 
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