JITENDER YADAV Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioner challenging the notice dated September 19, 2013, whereby the respondents 1 and 2 had prescribed minimum qualifying marks for Interview for Unreserved, Other Backward Classes and Scheduled Castes/Scheduled Tribes category candidates as 50%, 45% and 40% respectively and final result dated November 06, 2013, whereby the respondent Nos. 3 and 4 have been appointed as Staff Car Driver (Ordinary Grade) against 'OBC' vacancy and 'Unreserved' vacancy.

(2.) AN advertisement was issued by the respondent Nos. 1 and 2 for making appointment to various posts including three posts of Staff Car Driver (Ordinary Grade) in pay band of Rs. 5200 -20,200 (PB -I) + Grade Pay of Rs. 2400, the break up being SC -1, OBC -1 and UR -1.

(3.) HIS second submission was, Tej Pal - respondent No. 3 even though an OBC candidate was the topper in the selection and necessarily had to be appointed against an 'Unreserved' vacancy. In other words, it is his submission that if Tej Pal, respondent No. 3 is appointed against an 'Unreserved' vacancy, the petitioner being as an OBC candidate and being at serial No. 2 in the merit and having secured 45% on the basis of relaxed standards, would be appointed against the OBC vacancy. This would result in the cancellation of the appointment of respondent No. 4 Bhim Singh, who has been appointed against one 'Unreserved' vacancy.