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Judgment
Jyotsna Rewal Dua, J
Petitioners, having remained unsuccessful in the selection process initiated by the respondents for filling up the posts of Range Forest Officers, pursuant to advertisement dated 04.06.2011, have moved the instant writ petition for the following substantive reliefs:
"(i) That a writ in the nature of certiorari may kindly be issued for quashing the result of the written examination followed by physical standard test and viva voce held by the respondents for the posts of Range Forest Officers in pursuance to the advertisement No. V/2011, dated 4.06.2011 at Annexure P-5 qua candidates belonging to the category of Forestry as exhibited in Annexure P-8.
(ii) That a writ in the nature of mandamus may kindly be issued, directing the respondents to allow/grant the benefit of 5% weightage in favour of the petitioners on the marks obtained in the written examination before calculation of the final result and declare the petitioners successful in the written examination. The respondent No. 3 may further be directed to take physical stand test and viva voce test of the petitioners and recommend the names of the petitioners in case they are declared successful in the physical stand test and viva voce test and the respondents No. 1 and 2 may further be directed to offer appointment to the petitions in pursuance to the selection process thus completed by the respondent No. 3. "
This case, as canvassed by the learned Counsel for the petitioners, in nutshell is that respondents No. 1 to 3 advertised 39 posts of Range Forest Officers on 04.06.2011. Petitioners alongwith others participated in the selection process. They appeared in the written examination, however, their names did not figure in the list of selected candidates for the posts in question.
Learned Counsel for the petitioners submitted that the petitioners were holding B.Sc. Degree in Forestry, therefore, were entitled to 5% weightage in terms of the Himachal Pradesh Forest Department, Range Forest Officer, Class-II (Gazetted) Recruitment & Promotion (Ist Amendment ) Rules, 2011, for the posts in question (Annexure P-4) (hereinafter referred to as the "Recruitment & Promotion Rules"). The respondents did not grant them the weightage of 5% marks. Had this weightage been granted to the petitioners then names of both the petitioners would have figured in the list of selected candidates.
On behalf of the respondents, it was contended that the petitioners could not qualify the written examination as they failed to obtain 40% marks in the optional subject of Agriculture and, therefore, they were not entitled for weightage of 5% marks.
Whether the petitioners would be entitled for weightage of 5% marks would have to be determined vis-a- vis the provisions of the Recruitment & Promotion Rules for the posts of Range Forest Officers notified on 29.01.2011.
Rule 8 of the Appendix attached to the Recruitment & Promotion Rules for the post in question reads as under:
"8. The ranking will be decided on the basis of the marks obtained in all compulsory and optional papers excluding marks of English papers though it would be necessary to obtain 40% marks in each optional paper to qualify."
It will also be apposite to refer to the following Rule No. 14:
"14. 5% marks in the written examination shall be awarded to the Forestry Graduates as weightage for having completed 4 years degree course in Forestry."
Rule 5 is also relevant in this regard and is extracted herein after:
"5. No candidate shall be considered to have qualified the written examination unless he/she obtains at least 40% marks in each compulsory papers and 45% marks in aggregate."
No doubt under Rule 14 of the Recruitment & Promotion Rules, 5% marks in written examination are to be awarded to the Forestry Graduates as weightage for having completed four years degree course in Forestry but this provision has to be read in conjunction and harmony with the provisions existing in Rule 8 and Rule 5 which provide that it will be necessary to obtain 40% marks in each optional paper to qualify. It is admitted case of the parties that the petitioners have not secured 40% marks in the optional paper of Agriculture. Both the petitioners thus failed to qualify the written examination. In my considered view, the question of granting weightage to the petitioners for having completed B.Sc. (Forestry) would have arisen only on their qualifying the written examination. Having failed to qualify the written examination i.e. having failed to obtain 40% marks in the optional paper there was no question to grant them weightage of 5% marks.
Petitioners admittedly having failed to qualify the written examination inasmuch as having not secured requisite 40% marks in the optional paper, were rightly not granted 5% weightage.
No other point was urged.
Therefore, in the above background, there is no merit in the present petition and the same is accordingly dismissed. Pending application(s), if any, shall also stand disposed of.