RAKESH SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) Applications were invited vide notice dated 27.10.2010 published in the daily newspaper, for filling up the post of Block Accountant on contract basis under the National Rural Health Mission for the office of the Block Medical Officer, Tehsil Amb, Distt. Una, H.P. Amongst others Petitioner Sh. Rakesh Sharma and private Respondent Smt. Anupam Sharma applied for the same. They were interviewed on 29.11.2010 and with the completion of the selection process name of private Respondent was recommended, and was issued letter of appointment. The said decision has been assailed by the Petitioner on the ground that not only the Petitioner belonging from IRDP/BPL family, was more meritorious, possessing knowledge and experience of computerized accounts but private Respondent was otherwise ineligible. Also according to the Petitioner there was no objective criteria laid down by the Selection Committee which has vitiated the entire selection process.

(2.) During the course of hearing it was not disputed that Petitioner was otherwise eligible for appointment. That private Respondent was more meritorious also cannot be disputed. Petitioner himself has participated in the selection process and thus it would not be open for him, at this stage, to submit that the entire selection process is vitiated for want of any objective criteria. Significantly neither has the Petitioner alleged malafides nor has he given any specific instance thereof. Selection of the private Respondent cannot be found to be illegal in any manner.

(3.) However, it is equally true that Respondents have not laid down any criteria/guidelines for awarding marks under different heads such as academic qualification, experience etc. for preparing the merit list.