JITENDER GULERIA Vs. HIMACHAL PRADESH VIDHAN SABHA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner claiming therein the following substantial reliefs:

(2.) The respondent No.1 advertised one post of Clerk to be filled up from the General Category under 'Limited Direct Recruitment Scheme' for Class IV employees. The interested candidates were requested to submit their written consent on or before 17.8.2015 in the office of respondent No.1 as per advertisement, a copy of which is annexed with the petition as Annexure P-1.

(3.) The petitioner submitted his written consent to respondent No.1 and vide letter dated 2.9.2015 he was informed that he has been permitted to sit in the competitive examination to be held on 14.9.2015 at 11.00 a.m. In terms of Rule 7-A of the Himachal Pradesh Vidhan Sabha Secretariat (Recruitment and Conditions of Service) Rules, 1974 (for short, Service Rules), a selection committee came to be constituted by the Honourable Speaker for holding the interviews to be held on 14th and 15th Sept., 2015 at 11.00 a.m. In all, seven candidates appeared in the competitive examination out of which only two persons qualified i.e. petitioner and respondent No.4. The petitioner secured 50 marks out of 50 marks, whereas respondent No.4 secured 48 marks out of 50 marks. The petitioner and respondent No.4 thereafter underwent the typing test in which both of them qualified and were thereafter called for interview. In the said interview, the petitioner was awarded 4 marks, whereas the respondent No.4 was awarded 6-1/2 marks, out of 8 marks. Resultantly, it was the respondent No.4, who came to be selected having obtained 54-1/2 marks out of 58 marks, whereas the petitioner only secured 54 marks.