SUSHIL KUMAR Vs. STATE

JUDGEMENT

(1.) Petitioner applied for the post of Senior Horticulture Technician under Scheduled Caste category, in terms of advertisement notice no. 6 of 2005 issued by respondent no.2, but he was not selected. He has challenged the selection of private respondents through the medium of present writ petition.

(2.) The contention of the petitioner is that having a degree of Bachelor of Science in Horticulture from Dr. Yaswant Singh Parmar University of Horticulture & Forestry Solan (Himachal Pradesh), and belonging to the Scheduled Caste category, he applied for the post of Senior Horticulture Technician in terms of advertisement notice dated 21.11.2005. It is contended that respondent no.2 accepted the applications of those of the candidates also who was not having the requisite qualification i.e. Degree in B.Sc. Horticulture or B.Sc. Agriculture with Horticulture as a major subject. It has been further contended that respondent no.2 has not published the criteria adopted for the short listing of the candidates.

(3.) The stand of the respondent no.2, Services Selection Board, on the other hand is that candidature of the petitioner was considered along with other candidates in Scheduled Caste category, but while short listing the candidates for interview by taking the ratio of 1:5, the petitioner could not make his grade as he secured only 32.1 points whereas the last short listed candidate in Scheduled Caste category secured 46.26 points. It is further contended that petitioner never challenged the short listing criteria and has approached this Court only to challenge the final selection, in which he was not considered at all. It has been further contended that after having participated in the selection process the petitioner cannot be allowed to challenge the selection process.