SHANTA KUMAR Vs. STATE OF H. P.

JUDGEMENT

(1.) The petitioner appearing, as, OBC (reserved) candidate, in, the relevant recruitment process. However, the petitioner avers, that, he was not treated to fall, within, the afore category, rather he was treated to fall within the general category, (a) hence, the awarding of marks to him, also did not happen or occur, on anvil, of his belonging, to, the OBC category, rather it occurred, on anvil, of, his being, a, general category candidate, (b) thereupon, the entire results drawn, vis-a-vis, the writ petitioner, or even the awarding(s) of marks, becoming amenable for interference by this Court. Furthermore, the petitioner also challenges, the, inclusion of co-respondent No.3, in the select/merit list, and, the afore challenge is anvilled, upon, the factum, of, the name of the afore co-respondent No.3, not occurring in the originally drawn merit, and, it thereafter being stealthily included therein.

(2.) All the afore contentions, as, raised by the petitioner, in the writ petition, become dispelled, through, a detailed reply on affidavit, being meted thereto, by respondent No.2. Furthermore, it is with utmost candour spelt therein, vis-a-vis, even, in the OBC category, the petitioner became awarded marks lesser, than the co-respondent No.3, hence, the petitioner, is, de-facilitated, to cast any challenge, vis-a-vis, the selection, of, co-respondent No.3, against the advertised post. It is also apparent, on, a reading of the reply on affidavit, as, meted to the writ petition, by co-respondent No.2, vis-a-vis, corespondent No.3 also applying, as, OBC candidate, vis-a-vis, the advertised post.

(3.) Be that as it may, any purported illegality, as, may surge forth, from, the initial loading, of, the results, rather by respondent No.2, at its official website, and, whereins, certain candidates belonging to Schedule Tribe, and, OBC, category(ies), and, who despite appearing, in the screening tests, were inadvertently shown, to be considered, in the general category, (a) in category whereof, they obviously, did not fall, besides obvious fallacies in awardings, of, marks qua them occurred with the concomitant effect, of, theirs becoming denied, to become valid receipts of apposite reserved posts qua them. (b) Moreover, the apposite rectifications thereof, as, occurred subsequently, also, become contended by the counsel for the petitioner, to be exemplificatory, of, illegality(ies), and, also any subsequent addition(s), of, those candidates/aspirants, hence belonging, to, the Schedule Tribe, and, OBC category(ies), rather in the select list, being uncalled for. (b) Nonetheless, the afore argument become(s) unhinged, from, the factum, vis-a-vis, the afore subsequent addition, in the select list, of, candidates, hence belonging to Schedule Tribe, and, OBC categories, and, who appeared in the screening test, being those aspirants, rather whose results became hence declared, in, pursuance, to, unchallenged orders made, upon, CWPOA NO. 1110 of 2017, on, 29.03.2017, by the erstwhile Tribunal, (c) obviously, the consonance therewith hence the afore subsequent loading(s), of, their results, after apposite rectification(s), being made, vis-a-vis, awardings, of marks qua them hence in consonance, with there applied for categories, vis-a-vis, advertised post(s), does not, gather any vice of any illegality(ies), (d) rather reiteratedly the drawing(s), of, the select list, is, in pursuance of the afore unchallenged directions, and, orders, hence, both rectification, and, the drawing(s) of select list(s), are, amenable for becoming revered by this Court.