LAWS(UTN)-2018-4-2

SUBHAM DOBHAL Vs. STATE OF UTTARAKHAND AND OTHERS

Decided On April 09, 2018
Subham Dobhal Appellant
V/S
State of Uttarakhand and others Respondents

JUDGEMENT

(1.) Mr. C.D. Bahuguna, Sr. Advocate assisted by Mr. Anup Kumar Verma, Advocate for the petitioner has submitted that he does not want to press prayer no. I and II and he wants to press prayer no. III and IV only in this writ petition. He has further submitted that he does not want to press present writ petition against respondents no. 5, 7 to 9 and 11, therefore, he seeks permission to delete the name of respondents no. 5, 7 to 9 and 11 from the array of parties.

(2.) Brief facts of the present case are that Uttarkhand Board of Technical Education, Dehradun issued an advertisement dated 10.09.2014 inviting applications for filling up 177 posts of Clerk and 93 posts of Stenographer. Petitioner fulfilling the all eligibility criteria applied for the post of Clerk under General category. Petitioner qualified the written and typing test. Petitioner secured 108.25 mark whereas the cut off marks for the General category candidate was 109. Respondents filled up 156 posts of Clerk out of 177 posts and 21 posts remained unfilled.

(3.) Learned counsel for the petitioner submits that two OBC category candidates, namely Sanoj Kumar and Saurabh Rana, securing more marks than petitioner, have been selected under General Category, which is not permissible under the law. In support of his contention, he has placed reliance on the judgment of Hon'ble Apex Court in the case of Deepa EV Vs. Union of India and others, (2017) 12 SCC 680.