LAL JI PRASAD Vs. COLLECTOR SANT KABIR NAGAR

JUDGEMENT

(1.) AGGRIEVED by the non selection for the post of junior clerk and typist in the office of the Collaborate, Sant Kabir Nagar, the petitioner, Lal Ji Prasad has come up before this Court in this writ petition under Articles 226 of the Constitution of India Seeking a writ of certiorari for quashing the result dated 28-10- 1990 in so far as it pertains to the post of typist under Other Backing Class (hereinafter referred to as OBC) category and has further sought writ of mandamus commanding the respondent No. 1 to appoint him on the aforesaid post in accordance with law.

(2.) THE facts in brief as stated in the "writ petition are that in August, 1998 the respondent No. 1 issued an advertisement bearing No. 1 of 1998 inviting applications for the post of typist and junior clerks. THE petitioner applied. A written examination was conducted on 13-12-1998 wherein he appeared and was declared selected in February, 1999. THEreafter he was called for interview on 25-9-1999 and result was declared on 28-10-1999 wherein respondent No. 2, Udai Bhan Chand was shown selected against the vacancy reserved for OBC. THE petitioner claim to have secured higher marks than the respondent No. 2 in written and typing test, yet he has not not been selected and this is illegal and arbitrary. In the supplementary affidavit filed by the petitioner, it has been stated that as per the rules, the petitioner was awarded 8.08 marks in written test while respondent No. 2 was awarded 6.84 marks, and whereas the petitioner obtained 7.04 marks in typing. respondent No. 2 obtained 5.04. THE total marks obtained by the petitioner was 33.09 and that of respondent No. 2,32.45, yet respondent No. 2 has been selected showing illegality and arbitrariness on the part of respondent No. 1.

(3.) THIS Court vide order dated 4-12-2006 directed respondent No. 1 to produce the record of selection which has been produced and perused by the Court.