IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH
CWP No. _________ of 2021

Dalip Singh
......Petitioner
Versus
State of Haryana and Another
......Respondents
INDEX
Sr. Particulars Dates Page Court
No. No. Fee
1. List of Date and Events 17.03.2021 1-2
2. Civil Writ Petition 17.03.2021 3-13
3. Affidavit in Support 17.03.2021 14-15
4. Annexure P-1 28.06.2015 16-29
(Advertisement)
5. Annexure P-2 Nil 30-31
(Application Form)
6. Annexure P-3 (Gazette 06.05.2016 32-33
Notification)
7. Annexure P-4 02.06.2016 34
(SC Certificate)
8. Annexure P-5 (Result) 17.10.2018 35-39
9. Annexure P-6 (HC 11.07.2019 40-42
Order)
10. Annexure P-7 17.11.2020 43-44
(Representation)
11. Power of Attorney 03.03.2021 45
Total Court Fee:
Note:-
1. Relevant Statue/Rules:
(i) Constitution of India;
2. The law points involved in the present writ petition
are mentioned in para No. 17 of page No. 9 & 10 of
the paper book.
3. Copy supplied to AG, Haryana through Email.
5. Any Other/ Similar Case: NO
6. Whether Caveat Petition has been filed: Nil

Place: Chandigarh (NARINDER S. LUCKY)

Dated: 17.03.2021 Advocate (P-1317/2003)
Counsel for the Petitioner
 1

LIST OF DATES AND EVENTS

28.06.2015 The respondent No. 2/Haryana Staff

Selection Commission has published the

vacancies in various departments.

The petitioner had applied for the post of

TGT (Science) under Category No. 1.

07.02.2016 Exam was conducted for the said post

and the petitioner had appeared in the

examination conducted by respondent

No. 2.

06.05.2016 The Government of India had made some

categorical changes in the Gazette and

the category of the petitioner stood

changed from Backward Class to

Scheduled Caste.

26.06.2016 The petitioner moved an application to

the respondent No. 2 for changing his

category from Backward Class to

Scheduled Caste in view of the Gazette of

Government of India.

08.08.2018 The result of written test was declared by

the respondent No. 2 and scrutiny list for

eligible candidates for the post of TGT

 2

(Science) was released, but the name of

the petitioner was not mentioned in the

Scheduled Caste category.

October-2018 The petitioner approached the

respondent No. 2 and requested them to

do the needful as he has already

submitted a representation for the

change of category in view of Gazette

Notification of Government of India, but

the same was not done for the reason

best known to the respondents.

17.11.2020 The petitioner came to know that only

458 candidates were eligible against the

total number of 755 advertised posts

under Scheduled Caste category and

about 300 posts are still lying vacant.

The merit of the petitioner is higher than

the last candidate selected under the

Scheduled Caste category. But no reply

was given to the petitioner.

17.03.2021 Hence, the present Writ Petition.

Place: Chandigarh (NARINDER S. LUCKY)

Dated: 17.03.2021 Advocate (P-1317/2003)
Counsel for the Petitioner
 3

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH

CWP No. _________ of 2021

MEMO OF PARTIES

Dalip Singh son of Mohinder Singh, aged about 38 years,

resident of Village Thari Mohar Singh, PO Firozabad,

Tehsil Rania, District Sirsa.

......Petitioner

Versus

1. State of Haryana through its Principal Secretary,

Department of Personnel, Haryana Civil Secretariat,

Sector 1, Chandigarh;

2. Secretary, Haryana Staff Selection Commission,

Sector-4, Panchkula-134109.

......Respondents

Place: Chandigarh (NARINDER S. LUCKY)

Dated: 17.03.2021 Advocate (P-1317/2003)
Counsel for the Petitioner
 4

CIVIL WRIT PETITION Under Articles

226/227 of the Constitution of India,

for issuance of a Writ, Order or

direction, especially, in the nature of

Mandamus, so as to direct the

respondents to consider the

Petitioner (Candidate) for the post of

TGT Science, Advertisement No.

3/2015 (Category No. 1) under the

Category of Scheduled Castes

Reservation instead of Backward

Class Reservation Candidate in view

of Gazette Dated 06.05.2016 of

Government of India, whereas now

the petitioner (Candidate) falls under

the Category of Scheduled Castes, in

the interest of Justice.

AND / OR

Any other order or direction which

this Hon’ble Court may deem fit and

proper in the facts and

circumstances of the present case

may also be passed in favour of the

petitioner.
 5

RESPECTFULLY SHOWETH :

1. That the petitioner is a law-abiding citizen and

is residing at his given address and is constrained to

approach this this Hon’ble Court for his redressal as

prayed in the present petition which are reasonable and

based upon bona-fide, hence, prayer may kindly be

considered and appreciated, in the interest of Justice.

2. That on 28.06.2015, the respondent No. 2/

Haryana Staff Selection Commissions had published the

advertisement and invited applications for vacancies in

various departments. A copy of the Advertisement dated

28.06.2015 is attached herewith as Annexure P-1.

3. That the petitioner had applied for the post of

TGT Science, under Category No. 1 (Backward Caste). The

application form is attached herewith as Annexure P-2.

4. That on 07.02.2016, the petitioner had

appeared in the examination conducted by the Haryana

Staff Selection Commissions under the Roll Number

72115410 and Registration Number 551013641.

5. That on 06.05.2016, the Government of India

had made some categorical changes in the Gazette and

the category of the petitioner stood changed from

Backward Class to Scheduled Castes. A copy of Gazette

 6

Notification dated 06.05.2016 issued by Government of

India is attached herewith as Annexure P-3.

6. That on 26.06.2016, the petitioner had moved a

representation alongwith his Scheduled Caste Certificate

to the Haryana Staff Selection Commissions for changing

his category from Backward Class to Scheduled Castes in

view of the Gazette of Government of India. But no reply

was given by the department. A copy of Scheduled Caste

Certificate dated 02.06.2016 is attached herewith as

Annexure P-4.

7. That later on the examination and interviews

were completed, but the name of the petitioner was not

short-listed because in the Backward Class Category, all

the seats stood fulfilled and the name of the petitioner

was not considered under the Scheduled Caste Category

to which he was legally entitled vide Government of India

Notification dated 06.05.2016. That it is worth to mention

here that about 300 posts under the Scheduled Caste

category are still lying vacant because only 458 Scheduled

Caste candidates were available against the 755 posts. A

copy of the result dated 17.10.2018 is attached herewith

as Annexure P-5.
 7

8. That it is admitted fact of the case that the

petitioner belongs to Rai Sikh Community and when the

petitioner had applied for the Post of TGT Science

(Category No. 1) he was under the category of Backward

Class.

9. That it is also admitted fact of the case that

subsequently on 06.05.2016, The Government of India

had made some categorical changes in the Gazette and

the castes category of the petitioner stood changed from

Backward Class to Scheduled Castes.

10. That on 26.06.2016, well in time and before the

declaration of result, the petitioner had informed the

respondent No. 2/Haryana Staff Selection Commissions in

respect of change of category, in view of Gazette

Notification of Government of India.

11. That the respondent No. 2/Haryana Staff

Selection Commissions had not replied to the petitioner’s

representation for change of category so far and the

interviews were conducted and jobs were given.

12. That the petitioner approached the respondent

No. 2 from time to time to consider his case on mercy

basis since he is eligible to be selected under the

Scheduled Caste category since the few posts under

 8

Scheduled Caste category are lying vacant and the merit

of the petitioner is higher from the last candidate selected

under the Scheduled Caste category.

13. That it is worth to mention here that our

Hon’ble High Court in similar cases of Satish Kumar vs.

State of Haryana and others CWP No.25716 of 2018

and Jaswant Singh vs. State of Haryana and others

CWP No.28125 of 2018 has granted similar reliefs to the

other candidates similarly situated. That the respondent

No. 2 had agreed that the candidates in such cases are

entitled to relief. Here denying the petitioner his due right

will be a travesty of justice and principle of equality

whereas the merit of the petitioner is higher in the present

case. Copies of orders dated 11.07.2019 are attached

herewith as Annexure P-6 (colly).

14. That on 17.11.2020, the petitioner once again

moved an representation with the request to consider his

name under the Scheduled Caste category because earlier

he had applied under the Backward Class category but

later on due to Government of India Notification dated

06.05.2016, his caste was changed to Scheduled Caste

category. But till date the petitioner has not received any

response from respondent No. 2. A copy of the

 9

representation dated 17.11.2020 is attached herewith as

Annexure P-7.

15. That the change in the official Gazette of India,

whereas the Caste Category of the petitioner stood

changed, so therefore, he is liable to be consider under

the category of Scheduled Castes. Because the Category

was changed much prior to the examination and result.

16. That although the interviews have been

completed, but about 300 posts are lying vacant under

the Scheduled Caste category, the petitioner is filing the

present petition in the form of mercy petition, because the

last post awarded to candidate in SC category has been

awarded to someone who’s merit is below the merit of the

petitioner in the exam. Hence, the petitioner being much

higher in the merit, seeks indulgence of this Hon'ble

Court.

17. That the main law points involved in the

present Writ Petition for the kind perusal of this Hon’ble

Court, are as under:-

i) Whether the petitioner does not deserve to

be selected under the SC Category as his

merit is higher than the last person, who

has been selected under the SC Category?

 10

ii) Whether non considering him as a

Scheduled Castes Candidate in view of

Gazette of Government of India is against

his constitutional right?

iii) Whether not giving benefit to the

petitioner in view of change of caste under

the Gazette of India is against the

principal of natural justice?

18. That from the facts and circumstances of the

case, the petitioner deserves to the post under the

Scheduled Caste category and seeks kind indulgence of

this Hon'ble Court directing respondents to consider the

petitioner (Candidate) for the post of TGT Science

(Category No. 1) under the Category of Scheduled Castes

reservation instead of Backward Class reservation

Candidate in view of Gazette Dated 06.05.2016 of

Government of India, whereas now the petitioner

(Candidate) falls under the Category of Scheduled Castes

in the interest of justice.

19. That there is no any other efficacious remedy of

appeal or revision available with the petitioner at this

stage than to file the present Writ Petition under Articles

226/227 of the Constitution of India. Therefore, the

 11

petitioner is filing the present Writ Petition which may

kindly be considered and appreciated, in the interest of

Justice.

20. That the petitioner has not filed any other such

or similar petition either in this Hon’ble Court or in the

Hon’ble Supreme Court of India, or such/similar Writ

Petition is pending or decided, as per the information

supplied to the present Counsel.

PRAYER

It is therefore, the petitioner respectfully prayed

that following Writ/relief may kindly be issued:-

i) A Writ, Order or direction, especially, in the

nature of Mandamus, so as to direct the

respondents to consider the petitioner

(Candidate) for the post of TGT Science,

Advertisement No. 3/2015 (Category No. 1)

under the Category of Scheduled Castes

Reservation instead of Backward Class

Reservation Candidate in view of Gazette Dated

06.05.2016 of Government of India, whereas

now the Petitioner (Candidate) falls under the

Category of Scheduled Castes, in the interest of

justice.
 12

ii) Any other appropriate Writ, Order or direction,

which this Hon’ble Court may deem fit and

proper in the facts and circumstances of the

present Case, may kindly be issued in favour of

the Petitioner;

iii) Dispense with certified/ true typed copies with

further prayer to allow the petitioner to place on

record true/ translated copies thereof, in the

interest of justice;

iv) Exemption from filing the copies of the writ

petition for service to the respondents at this

stage.

v) The costs of the present Writ Petition in favour

of the Petitioner.

PETITIONER

Through Counsel

Note: Affidavit is attached

Place: Chandigarh (NARINDER S. LUCKY)

Dated: 17.03.2021 Advocate (P-1317/2003)
Counsel for the Petitioner
VERIFICATION:-

Verified that the statement of facts made in paras 1

to 16 and 18 to 20 of the writ petition are true and correct

to my knowledge. No part of it is false and nothing

 13

relevant has been concealed. Legal submissions have been

made in para No. 17 as per the advice received from the

counsel, which is believed to be correct.

Place: Chandigarh
Date: 17.03.2021 PETITIONER
 14

IN THE HIGH COURT FOR THE STATES OF PUNJAB

AND HARYANA AT CHANDIGARH

CWP No. _________ of 2021

Dalip Singh

......Petitioner

Versus

State of Haryana and others

......Respondents

Affidavit of Dalip Singh son of

Mohinder Singh, aged about 38

years, resident of Village Thari

Mohar Singh, PO Firozabad,

Tehsil Rania, District Sirsa.

I, the above named deponent do hereby

solemnly affirm & declare as follows:-

1. That the Main Case as also this affidavit has been

drafted by my counsel under my instructions. I have

gone through the contents of the Main Case and

have fully understood the same.

2. That the contents of the Main Case are correct as per

my knowledge and no part of the Main Case is false

and that nothing material has been concealed. Legal

 15

submissions in the Main Case have been made as

per the legal advice received which is believed to be

correct.

3. No such or similar accompanying Main Case (CWP)

and all the prayer made therein had earlier been filed

either in this Hon’ble Court or in the Hon’ble Apex

Court.

Place: Chandigarh
Dated: 17.03.2021 DEPONENT

VERIFICATION:-

I, the above named deponent do hereby verify that the

contents of the Para No. 1 to 3 of this affidavit are correct

as per my knowledge and that no part of this affidavit is

false and that nothing material has been concealed. And it

is further verified that the legal submissions in the Main

Case have been made as per the legal advice received

which is believed to be correct.

Place: Chandigarh
Dated: 17.03.2021 DEPONENT