MOHD. VASEEM Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) Heard Mr. Ajay Veer Pundir, learned counsel for the petitioner, Mr. S.S. Chaudhary, learned Brief Holder for the State Government and Mr. Rakesh Thapliyal, learned Senior Counsel appearing for respondent no.2.

(2.) The jurisdiction of this Court has been invoked by the petitioner herein seeking a writ of certiorari to quash the select list for the post of Assistant Professor (Mechanical Engineering); and for a writ of mandamus commanding the second respondent to issue appointment letter, to the petitioner, for the post of Assistant Professor in the department of Mechanical Engineering.

(3.) Facts, to the limited extent necessary, are that the second respondent-Institution invited applications to fill up six posts of Assistant Professors in Mechanical Engineering. Of these six posts, one was reserved in favour of the Scheduled Castes, one in favour of the Other Backward Classes and the other four were in the open/general category. On completion of the selection process, a select list was prepared which disclosed that, while the petitioner had secured 68.72 marks, the third respondent had secured 68.21 marks, the fourth respondent- 67.52 marks and the fifth respondent-69.42 marks. The petitioner claims that he and the fifth respondent belong to the Other Backward Classes, and respondent nos.3 and 4 belong to the open/general category and are not entitled for the benefits of vertical reservation. Mr. Rakesh Thapliyal, learned Senior Counsel appearing on behalf of the second respondent-Institution, would, however, contend that, while the third respondent no doubt belongs to the open/general category, the fourth respondent belongs to the Other Backward Classes. For reasons to be stated later in this order, it is unnecessary for us to dwell on, or undertake an examination of, this issue.