SHAMBHU DAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing Annex.-P/8 dated 25.04.2011 and prayed that the respondents may be directed to provide appointment to the petitioner on the post of Forest Guard with all consequential benefits. Further, it is prayed that appointment order Annex.-9 passed in favour of respondent No.5 in the category of Scheduled Tribe may be quashed and, in his place, the petitioner may be provided appointment.

(2.) As per facts of the case, in pursuance of advertisement issued by the respondent Forest Department for recruitment on the posts of Forest Guard, an application was filed by the petitioner. The petitioner obtained 65.70 marks in all the three steps of the selection process but he was declared unfit on the ground that he is not having minimum height which is 163 cm. Contention of the petitioner is that appointment has been provided to respondent No.5 in Scheduled Tribe category who secured 64.45 marks whereas the petitioner secured 65.70 marks in all the three steps; but, only for the reason that the petitioner is not possessing the minimum height of 163 cm he has been denied appointment.

(3.) As per pleadings of the writ petition, height of 163 cm prescribed by the respondents in the advertisement is, illegal because no such requirement of height is prescribed in the rules after amendment whereby new Rule 22 A was inserted by way of amendment dated 26.06.2010 in the Rajasthan Forest Subordinate Service (Amendment) Rules 2010. Therefore, as per the petitioner, the denial of appointment solely on the ground that the petitioner is not having the height of 163 cm is totally illegal and in contravention of the rules.