KULWANT SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Petitioner has filed this petition under Article 226 of the Constitution of India seeking a writ in the nature of mandamus directing the respondents to consider his case for selection to the post of Constable Carpenter in general category.

(2.) Case of the petitioner, in brief, is that in pursuance to the advertisement dated 22.10.2014 Annexure P -2, issued by the respondents, petitioner had applied for the post of Constable. Petitioner successfully cleared physical efficiency test, written test, trade test and medical fitness test. Petitioner had applied for the post of Constable Carpenter in the general category. Petitioner was the only candidate in general category who had successfully qualified all the stages required for the recruitment to the post of Constable. Pawan Kumar had applied for the post of Constable Carpenter in the reserved category for scheduled caste. He was also declared fit in the said category. Thus, the petitioner had qualified all the four stages in general category whereas Pawan Kumar had qualified all the stages in scheduled caste category. There were two vacancies for the post of Constable Carpenter i.e. one for general category and one for scheduled caste category. On 4.8.2015, the result of successful candidates was declared and only the name of Pawan Kumar figured in the selected candidates list. Hence, the present petition by petitioner Kulwant Singh.

(3.) Learned counsel for the petitioner has submitted that petitioner was liable to be selected in the general category as he was the only candidate in the general category who had successfully cleared all the four stages required for recruitment to the post of Constable Carpenter. So far as Pawan Kumar was concerned, he had applied for the post in the reserved category for scheduled caste and was liable to be appointed in the said category. Learned counsel for the petitioner has further submitted that in the select list Annexure P -8, Pawan Kumar was shown to have been selected against scheduled caste category. However, no person was shown to have been selected in the general category. Learned counsel has further submitted that as per the advertisement, the selection of a candidate was to be made in order of merit in each category for the respective posts on the basis of marks secured in the written test.