MAMTA BISHT Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) P. C. Verma, J. By means this petition, the petitioner seeks writ of mandamus or order setting aside the result dated 31- 7-2003 of Uttaranchal Judicial Service, Civil Judge (Junior Division) Examination, 2002 and also seeks writ of direction to summon and declare the merit list and marks of the Main Examination/inter view of the candidates selected in the main examination before the Court so as to make the process of selection transparent.

(2.) THE petitioner filed the writ peti tion framing the following questions of law : (a) Whether granting reservation more than what is prescribed in the notification that is 37%, is unconstitutional and has been done to adjust candidates which would otherwise have not quali fied if taken in general category. (b) Whether the selection of candi dates in excess of the posts no tified that is 42 instead of 35 is violative of Articles 14 and 16 of the Constitution (c) Whether the increased vacancies should have included both re served and general category as against the selection made of only candidates of reserved cat egory ? (d) Whether the selection of abovementioned roll numbers of the general candidates in the cat egory of Uttaranchal Mahila (re served category) is arbitrary ? (e) Whether the selection process suffers from malpractices and ar bitrariness and has been done based on the whims and fancies of the authorities in order to suit their own convenience and can didates ? (f) Whether the entire process of se lection as in the instant case lacks transparency where the merit list has been deliberately not suppressed?

(3.) ON 01-9-2003 the petitioner filed supplementary affidavit deposing therein that the candidates declared successful in written (main) examina tion, arbitrarily or giving any reason to that effect, have been given benefit of the benefit prescribed for woman cat egory of Uttaranchal State. Km. Neelam Bahuguna Roll No. 00465, Anju Shree Juyal Roll No. 03482 and Monika Mittal Roll No. 07658 have been given benefit as mentioned above only with a liberal heart for illegally selecting them as Judicial Officers Uttaranchal.