ASHISH KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The application seeking condonation of delay is not opposed by the learned counsel for the respondents and the delay is, therefore, condoned.

(2.) This appeal is preferred against the order passed by the learned Single Judge in WPSS No. 763 of 2016 dtd. 25/4/2017. The appellant herein invoked the jurisdiction of this Court seeking a writ of certiorari to quash the impugned order dtd. 19/11/2015 wherein the petitioner's name was not included; and for a mandamus directing the respondent-authorities to appoint the petitioner to the post of Forest Constable (Van Arakshi).

(3.) A notification dtd. 11/8/2015 was issued by the 3rd respondent which was published in the newspapers on 14/8/2015 inviting applications for 21 posts of Forest Constable (Van Arakshi) (Temporary Workmen). Of these 21 posts, 12 posts were to be filled up from the general category, and 09 posts were earmarked for the Scheduled Castes, of which 01 post was reserved in favour of the Uttarakhand Andolankari category. 30% horizontal reservation was provided for women in each of these categories. The petitioner, a general category candidate, also applied for appointment to the said posts. After completion of the written test, a merit list of 22 candidates was published wherein the petitioner's name was reflected at serial no. 13. Since no member of Scheduled Castes, belonging to the Uttarakhand Andolankari category had applied, only 08 posts, earmarked for the Scheduled Castes, was required to be filled up from the said category. The petitioner's complaint is that, since only 08 Scheduled Caste candidates were selected, all eight of them should have been appointed in the 08 posts earmarked for the Scheduled Castes; and appointment of one of the eight Scheduled Caste candidates, to posts earmarked for the general/unreserved category, had resulted in the petitioner, a general category candidate, being deprived of the opportunity of being appointed to said post.