SWAPNIL MUYAL Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Petitioner is a Graduate Engineer in Mechanical Engineering. On 04.09.2014, an advertisement was issued by the respondentUttarakhand Public service Commission (hereinafter referred as "the Commission"), inviting applications for recruitment to various posts, namely, Deputy Collector, Deputy Superintendent of Police amongst other posts. In regard to the post of Deputy Superintendent, it is provided, inter alia, that a candidate should fulfill physical standards as mentioned in paragraph no. 10 of the advertisement. The physical standards were defined as follows:

(2.) Petitioner states that he, admittedly, is 163.6 centimeters in height. He claims also to have fulfilled all the physical standards. Petitioner also is a member of the Scheduled Caste Community. He belongs to the community known as "Shilpkar", which is treated as a Scheduled Caste Community. In this regard, he has also produced the caste certificate, which reads as follows:

(3.) Petitioner obtained 701 marks in the written examination and 130 marks in the interview. Thus, he obtained 831 marks. Respondent no. 4 obtained 719 marks in the written examination and 111 marks in the interview. Thus, he obtained 830 marks, which is one mark less than the petitioner. However, when the results were published, petitioner came to be selected as Finance Officer; whereas, respondent no. 4 was selected as Deputy Superintendent of Police.