PRAMOD BENJWAL Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Petitioner has approached this Court seeking the following reliefs:

(2.) The Uttarakhand Public Service Commission issued an advertisement on 03.02.2015, inviting applications for various posts, including the post of Principal Grade-II in the Department of Training & Technical Education, Uttarakhand. There were 18 posts of Principal Grade-II, out of which, 12 were for General Category, 3 were reserved for Scheduled Caste and 3 were reserved for Other Backward Class. A Screening Examination was held. According to the petitioner, he was a General Category candidate. In the Screening Test, the cut off marks with regard to the General Category candidates was fixed at 88.75. Petitioner secured 91 marks. In regard to the Scheduled Caste Category, the cut off marks was fixed at 71.75. The third respondent, who belongs to Scheduled Caste community, secured 82.50 marks in the Screening Test. In the interview, which was held, the petitioner, the third respondent and another person secured 60 marks. The petitioner was not selected; instead, the third respondent was selected as against the general vacancy. One out of the three, who secured 60 marks in the interview, is not made party in the writ petition and he was accommodated against the vacancy for the Ex-serviceman, as he belongs to the said category. It is in such circumstances that the complaint is raised in the writ petition.

(3.) We heard Mr. Atul Bahuguna and Mrs. Anjali Benjwal, learned counsel appearing for the petitioner, Mr. Pradeep Joshi, learned Standing Counsel for the State of Uttarakhand, Mr. B.D. Kandpal, learned counsel appearing for the Uttarakhand Public Service Commission, Mr. B.D. Upadhyaya, learned Senior Counsel, assisted by Mr. Sunil Upadhyaya and Mr. Naveen Tewari, Advocates appearing for respondent no. 3.