NADEEM ATHAR Vs. STATE OF UTTARKHAND & OTHERS

JUDGEMENT

(1.) Posts of Sub-Inspectors were advertised on 22.12.2001. Petitioner belongs to Other Backward Classes (OBC) category. He gave his first choice to be appointed as Sub Inspector (Civil Police) and his second preference was for Sub Inspector (Intelligence). Result of the examination was declared on 6.10.2002. Petitioner was selected for the post of Sub Inspector (Intelligence). He subsequently came to know that the persons, who have secured less marks than the petitioner in the OBC category, have been offered appointment to the post of Sub Inspector (Civil Police). Petitioner secured 506 marks out of 600. However, other candidates, namely, Rajesh Kumar Yadav and Dharam Veer, who secured 444 and 446 marks respectively, have been offered appointment to the post of Sub Inspector (Civil Police).

(2.) The stand taken by the respondent-State is that since the petitioner has secured higher marks, he was treated in the general category. Petitioner could not be put to a more disadvantageous position on the basis of his merit by denying him the post of Sub Inspector (Civil Police). He should have been appointed against the post/cadre of his choice/preference earmarked for the reserved category. The persons, who have secured less marks than the petitioner, in the written examination and interview, have been appointed on the post of Sub Inspector (Civil Police).

(3.) The question raised in this petition is no more res integra in view of the law laid down by their Lordships of Hon. Apex Court in '(2012) 13 SCC Page 516' in the case of 'Alok Kumar Pandit Vs. State of Assam & others' have held that a reserved category candidate, who is adjudged more meritorious than the open category candidates, is entitled to choose the particular service/cadre/post as per his choice/preference and he cannot be compelled to accept appointment to an inferior post leaving the more important service/cadre/post in the reserved category for less meritorious candidate of that category. Their Lordships have held as under:-