LAWS(P&H)-2010-4-193

ANIL KUMAR Vs. DISTRICT AND SESSIONS JUDGE

Decided On April 06, 2010
ANIL KUMAR Appellant
V/S
DISTRICT AND SESSIONS JUDGE Respondents

JUDGEMENT

(1.) Selection of private respondents for the posts of Process Servers and Peons in the Office of District and Sessions Judge, Rohtak has been called in question in the present writ petition. The manner and method adopted for selection is itself sufficient to quash the selection. I am at pains to say that the selection has been made in a total illegal and arbitrary manner, without adopting any fair, transparent, rational and established method of selection, and that too by a Senior Judicial Officer of the rank of District and Sessions Judge. It is necessary to briefly notice the pleadings of the parties.

(2.) Vide advertisement notice dated 16.2.2007, applications were invited for the 14 posts of Process Servers, 25 posts of Peons and one post of Sweeper for General and Reserved Categories. The break up of the category wise vacancies is not being adverted to, the same being not relevant for the purpose of present petition. The minimum qualification prescribed for the post of Process Servers i.e. Category A was "Matriculation with knowledge of Hindi and Punjabi", for the post of Peons i.e. Category B was "Middle Class with knowledge of Hindi and Punjabi" and for the post of Sweepers i.e. Category C was "Middle Class"

(3.) It is pertinent to note that one of the stipulations in the advertisement notice was as under: