SH MOHAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for the following reliefs:-

(2.) Brief facts necessary for the adjudication of the present petition are as under:-

(3.) The petitioner, as per the final result list, secured 36.33 marks, i.e. more marks than two of the selected candidates, namely, Sh. Inderjeet and Sh. Sunil Kumar, yet petitioner has been denied appointment to the post of Driver on the ground that he secured less marks than candidates selected under Scheduled Caste category and therefore, was not entitled for appointment. The stand of the petitioner is that two of the candidates belonging to Scheduled Caste category admittedly had secured more marks than the General Category selected candidates. Then in these circumstances, the department should have offered appointment to the meritorious candidates, though belonging to the reserve category against the post meant for General/ open category and the resultant vacancy of reserved category then should have been offered to the candidates belonging to reserved category as per merit. On this count, the contention of the petitioner is that present petition be allowed and appointment of the candidates less meritorious to the petitioner be quashed and set aside and direction be issued to the respondent-department to offer appointment to the petitioner against the post of Driver.