OM ROJ Vs. HARYANA STAFF SELECTION COMMISSION

JUDGEMENT

(1.) Petition herein, inter alia, is for issuance of a writ in the nature of mandamus directing respondent No.l to consider the claim of the petitioner for selection and appointment as Veterinary Livestock Development Assistant (VLDA) against general category for having obtained higher marks (79) than the last selected candidate in general category.

(2.) Succinct facts First. Petitioner, an EWS category candidate, applied for the post of VLDA under EWS category and appeared in the written examination. As per final result, last selected candidate in general category obtained 70 marks. Last selected candidate in EWS obtained 58 marks. However, the petitioner with 79 marks has not been selected in either of the categories. Petitioner submitted written representation, but to no avail. Hence, the instant petition.

(3.) Learned Senior counsel submits that undisputedly, once the petitioner had obtained 79 marks i.e. more than the last selected candidate in General Category, who had secured 70 marks, he ought to have been considered first under General Category. He contends that even if the EWS Category certificate of the petitioner is held to be not valid, he still has a right of consideration under General Category.