[2.1]. Three posts of Storeman were advertised by the Director General, Home Guards and Civil Defence, Haryana. The last date to apply against these posts was 24.7.1995. The appellant and more than 250 other candidates applied but only 37 candidates, including the appellant, qualified for the interview. A selection committee comprising three departmental officers interviewed them and prepared a list of 10 successful candidates in order of merit. The appellant was placed at Sr. No.6 in the above stated list. [2.2]. While the first three candidates in order of merit, namely, Anil Kumar, Suraj Solanki and Ashok Kumar were issued appointment letters on 31.7.1995, two more candidates next in order of merit, namely, Sukhdeep Singh and Surender Singh were also given appointment on 9.8.1995. The appellant who was the next candidate in order of merit, is claimed to have been asked to give his willingness for appointment within 5 days through a letter dated 10.10.1995 Under Postal Certificate. According to the respondents, the appellant failed to give his willingness within the stipulated period, therefore, a similar letter was sent to the next candidate in order of merit, namely, Sanjay Kumar who too failed to do the same within the prescribed period. The respondents claim that so far as the next candidate in order of merit, namely, Arvind Kumar Mishra was concerned, “no contact could be established”. It was, therefore, decided to appoint the next candidate in order of merit, namely, Partap Singh – respondent No.4 (in appeal) to whom instead of issuing any letter asking for his willingness, an appointment order dated 20.10.1995 was issued. He joined the offered post and has since been working as such.
