VIJAY KUMAR GUPTA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) 1. By means of this Writ Petition, moved under Article 226 of the Consti tution of India, the petitioner has sought the following reliefs : "i) To issue a writ, order or direction to hold the C. B. I, inquiry in the matter so that the veracity of the entire selection/recruitment proc ess for the post of constables in Uttaranchal Police held at Pauri may come out. ii) To issue a writ, order or direction in the nature of mandamus di recting the respondents to ap point the petitioner on the post of Constable. iii) To pass any and further order as this Hon'ble Court may deem fit and proper in the present cir cumstances of the case. iv) To award the cost of the writ petition to the petitioner. "

(2.) IT has been pleaded in the writ petition that an advertisement for the ap pointment of Constable in Uttaranchal Police was published. In pursuance of the said advertisement, the petitioner having all the qualifications for the ap pointment has submitted his application on 04-02-2006 alongwith all the annexure which are required by the au thorities. The petitioner was physically examined on 22-02-2006 by Mr. Sanjay Rathour and Circle Officer, Pauri. IT was further pleaded that the petitioner had obtained full marks, i. e. , 100 marks in the aforesaid physical examination. IT was also stated that Mr. Sanjay Rathour had accepted this fact that the peti tioner had obtained full marks in the physical examination. The petitioner was ultimately declared unsuccessful as the petitioner had obtained 64 marks in physical examination instead of 100 marks. The petitioner had challenged that Mr. Sanjay Rathour whom he was physically examined has accepted this fact in the affidavit that the petitioner had obtained 100 marks in the physical examination. When the petitioner's se lection was not made, the petitioner had challenged the selection process as well as his rejection by way of awarding less mark in the physical examination.

(3.) IT is further made clear that the Circle Officer who had given the marks cannot be lightly overruled by saying by a Constable that the petitioner had ob tained 100 marks in the physical exami nation. There is no allegation against the Circle Officer, Pauri that he has any grudge against the petitioner.