SURJEET SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Respondent-State has initiated the process for filling up the posts of Forest Guards in the Forest Department. The last date of receipt of application was 30.4.2010. Petitioner submitted application for considering his candidature for the post of Forest Guard in the Other Backward Classes (OBC) category. Physical efficiency test was held on 15.5.2010 and 16.5.2010. Petitioner participated in the physical efficiency test on 15.5.2010 and he was also permitted to participate in high jump due to his injury on 16.5.2010. The written test was held on 6.6.2010. Final list was forwarded on 19.6.2010. Petitioner did not figure in the merit list as published by the respondent-Department. The interview of the candidates, who had passed the physical efficiency test and written test, was fixed on 30.6.2010.

(2.) Mr. Karan Singh Kanwar has strenuously argued that the petitioner has faired reasonably well but due to biasness of respondent No.4, he could not be selected for the post of Forest Guard. He then contended that respondent No.4 was instrumental in ensuring that the petitioner does not qualify in the physical efficiency test as well as in the written test.

(3.) Mr. P.M. Negi, learned Deputy Advocate General has vehemently argued that the petitioner was at Sr. No. 20 of the merit list of OBC and only nine candidates were to be considered against three posts of Forest Guards. According to him, petitioner had secured 45.25 marks and the marks obtained by candidate appearing at Sr. No.9 were 48. He also contended that there are ten candidates between the petitioner and the last candidate, who qualified for interview.