MUKESH THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Pursuant to notice published in the newspaper dated 18.10.2018 (Annexure A-2), petitioners alongwith other eligible candidates applied for the posts of Drivers in 4th Battalion Home Guards, Nahan. Petitioners being eligible candidates were called for recruitment process vide separate communications (Annexure A-3 and Annexure A-4), which was scheduled to be held with effect from. 15.10.2018 to 18.10.2018. Fitness test was conducted on 15.10.2018; driving test on 16.10.2018 and written test on 17.10.2018. Though initially 500 candidates participated in the aforesaid selection process conducted by the respondents for 15 posts of Drivers, however, only 122 candidates including the petitioners appeared/qualified in the written examination. After conducting the driving test/written examination, respondents issued list of 15 selected candidates for post in question (Annexure A-1). Since the names of the petitioners did not appear in aforesaid selection list issued by respondents, and they were astonished to know that list contains names of certain persons (candidates at Sr. Nos.1,2, 4 8 and 11 /respondents Nos. 4 to 8 herein), who had either failed in the driving/fitness test or had not even participated in the selection process, petitioners namely Dimple Singh, Ashik Khan Mohammad and Mukesh Thakur lodged a written complaint to Hon'ble the Chief Minister, Himachal Pradesh and Inspector-General, Home Guards (Annexure A-5, A-6 and A-7), with regard to aforesaid illegalities and requested to take action in accordance with law. Though petitioner namely Mukesh Thakur applied for information regarding marks obtained by respondent No.5 Rahul Thakur in skill and written test alongwith copy of video-graphy made at the time of driving/skill test held on 15.10.2018 but such information is still awaited. Report with regard to alleged illegalities and irregularities committed in the aforesaid selection process also came to be published in certain newspapers as is evident from one newspaper report annexed as Annexure A-9. Since no action came to be taken on the complaints having been made by the petitioners, they approached erstwhile Himachal Pradesh Administrative Tribunal by way of OA No. 698 of 2018, which on its transfer to this Court stands re-registered as CWPOA No. 5944 of 2019 praying therein for following main reliefs:

(2.) Respondents Nos. 1 to 3 while denying aforesaid allegations have claimed in their reply that the selection process under challenge, was conducted in a most fair and transparent manner. Respondents have claimed that the Enrolment Board constituted by Commandant General Home Guards and Civil Defense, Himachal Pradesh vide order dated 25.9.2018 conducted physical, driving and written tests with full transparency and impartiality. Respondents have submitted that since the entire process was conduced as per norms prescribed for selection process and in terms of Rules occupying the field, petition having been filed by the petitioners deserves dismissal being without any merit.

(3.) Respondents nos. 4 to 8 also filed a joint reply refuting therein the allegations of the petitioners. Aforesaid respondents have not only claimed that they participated in selection process alongwith the petitioners but have stated that they being more meritorious, have been rightly selected for the posts of Drivers.