SANJAY SIMBERWAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution prays for quashing the result declared by the Haryana Staff Selection Commission-respondent No. 3 (for brevity, 'the Commission') in respect of the Scheduled Caste Category for appointment to the post of Mining Officer, Department of Mines and Geology, Haryana, on 28.2.2007 (P-7) and for quashing appointment of respondent No. 4 on the post of Mining Officer. A further prayer for issuance of a direction to the respondents has also been made to appoint the petitioner being more meritorious on the post of Mining Officer in the Department of Mines and Geology in the category of Scheduled Caste.

(2.) Brief facts of the case are that the Commission issued an advertisement on 14.9.2006 (P-1) inviting applications for three posts of Mining Officer in the pay .scale of Rs. 6500-9900/-. Each of the categories viz. General, Scheduled Caste-A and Ex-serviceman (General) were given one post each. The last date of receipt of applications in the Commission's office was 13.10.2006. The following educational qualifications were required :

(3.) The petitioner, who fulfilled the necessary qualification being M.Sc. (Hons. School) in Geology, applied under the category of Scheduled Caste as well as General. He sent requisite fee of Rs. 500/- for his consideration in General Category instead of sending Rs. 125/- which was required to be paid by a Scheduled Caste candidate. He was asked to appear for interview vide letter dated 19.1.2007. He accordingly appeared for interview on 5.2.2007 but he was not selected. On inquiry he found that respondent No. 4 belonging to Scheduled Caste category was selected. The petitioner has secured 51 marks whereas respondent No. 4 secured 37 marks in the Scheduled Caste category. The petitioner has obtained information concerning marks secured-by him from the Commission, vide their letter dated 23.3 2007 (P-9). Despite the fact that the petitioner in the category of Scheduled Caste has secured 51 marks out of 75, the appointment has been offered to respondent No. 4 who has secured 37 marks.