JAKIR KHAN Vs. THE STATE OF M.P.

JUDGEMENT

(1.) - This petition under Art. 226 of the Constitution of India was initially filed to assail the select list (Annexure P/4) for the post of Forest Guard. It was further prayed that appropriate direction be issued for conducting the inquiry regarding whole selection process of Forest Guard Examination of Chhindwara. It is prayed that a fresh examination by independent agency be directed to be conducted. Later on, the petition was amended and it was prayed that selection/ appointment of respondent No.4 Premlal Karode be set aside and in place thereof, petitioner be selected being more meritorious candidate. The challenge is also made to select list Annexure P/8 dated 13.09.2008 whereby appointment of respondents No.4 to 12 were made.

(2.) The facts briefly stated by the petitioner in the petition are that pursuant to an advertisement, the petitioner submitted his candidature for the post of Forest Guard in the category of OBC. The advertisement dated 05.06.2008 published in 'Dainik Bhasker' is also filed as Annexure P/1. In due course, Roll No.10245 was allotted to the petitioner. The Admit Card is filed as Annexure P/2. The result was declared in 'Dainik Bhaskar' dated 06.07.2008. The petitioner obtained 50 out of 70 marks as per said result. After passing the written test, petitioner appeared in personal interview conducted on 10.07.2008. Petitioner contends that he has received 06 out of 09 marks in the interview.

(3.) Shri K.K. Pandey contends that after personal interview, a select list was published in 'Dainik Bhaskar' on 14.09.08 (Annexure P/4). Petitioner's roll number does not find place in the said list. It is submitted that persons who have been selected in OBC category got less marks than petitioner in the written examination. The whole selection process was unfair and non transparent. Petitioner, being more meritorious candidate had preferential right of selection. It is submitted that candidates who were having political backing of MLAs and MPs of ruling party, were selected.