PRAVEEN SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) RESPONDENT No. 2 has issued an advertisement dated 19.10.2012 whereby applications were invited for filling up 9 posts of Naib Tehsildars (General=8 and SC of H.P.=1), Class -II (Gazetted). Petitioner also participated alongwith respondent Nos. 3 and 4 in the selection process. Screening test was held on 17.3.2013. Main written examination was held on 5.8.2013 and 6.8.2013. Result was declared on 8.11.2013. Petitioner and respondent No. 3 have secured 209 marks. Petitioner belongs to general category. Respondent No. 3 belongs to Scheduled Caste category. Name of respondent No. 3 has been recommended at Sr. No. 8 of the recommendation letter against the post of general category since he had come on his own merit in the list of general category candidate.

(2.) ACCORDING to the Procedure and Transaction of Business and Procedure for the conduct of Examination, the marks obtained by the candidates in the main examination, written part as well as interview, would determine their final ranking and in the event of a tie, order of merit shall be determined in accordance with highest marks secured in the viva -voce and if the marks in the viva -voce of the candidates are equal, then the order of merit has to be decided in accordance with the highest marks obtained by such candidates in the aggregate of the written examination.

(3.) MR . J.R. Poswal has also argued that respondent No. 3 has been given disproportionately higher marks in the interview. The Court will not substitute its judgment on the wisdom of the Selection Committee. There is no mala fide attributed to the members of the Selection Committee.