ASHOK Vs. XXX

JUDGEMENT

(1.) The instant writ petition has been filed seeking a writ of mandamus directing respondent no.3 to furnish the interview marks list and final select list of Second Division Clerks (SDC) issued pursuant to the notification dtd. 3/8/2012 vide Annexure-H and the written test dtd. 27/10/2014. The petitioner has further sought to quash the selection of respondent no.4 as SDC made pursuant to the notification dtd. 3/8/2012 and the written test dtd. 27/10/2014.

(2.) Brief facts of the case as revealed from the records are, the petitioner, who claims to be a graduate, had applied to the post of SDC pursuant to the notification at Annexure-H dated 03. 08.2012 issued by respondent no.5. The selection for the post of SDC was based on objective type written examination and interview. The written examination consisted of two papers which totally carried maximum marks of 200 i.e., 100 marks in each paper which included five marks for interview in each paper. Respondent no.4 had also submitted his application seeking appointment to the post of SDC. The written examination was conducted by the respondents on 27/10/2014.

(3.) It is the case of the petitioner that he had totally scored 115 marks out of 200 in the written examination, while respondent no.4 had scored only 91 marks. The petitioner had also appeared for the interview that was held after the written examination on 3/1/2015, and thereafter, the final selection list was issued notifying fourth respondent's name who had totally scored 107.35 marks as against 106.75 marks scored by the petitioner. It is the case of the petitioner that though initially the interview marks was fixed as five marks in each paper, subsequently, respondent no.3 has changed the same so as to favour respondent no.4, and out of 200 marks, 30 marks was allocated for interview. The petitioner was awarded only '9' marks out of 30, whereas respondent no.4 was awarded '30' out of 30 for interview, and therefore, even though the petitioner had scored higher marks in the written examination than respondent no.4, respondent no.4 was selected to the post of SDC under General Merit (Rural) quota. It is under these circumstances, the petitioner has approached this Court.