Naresh Kumar Rana vs State Of H.P. & Others

Ajay Mohan Goel, J

By way of this petition, petitioner has prayed for the following reliefs:Â​

“ (a) To issue a writ of mandamus, appropriate writ, order or direction in nature thereof, directing the respondents Board to allow the petitioner to

appear in typing test and select and appoint the petitioner from the date all other incumbents were selected and appointed in the said selection process

with all consequential benefits and arrears alongwith interest thereon @ 18% pa;

(b) to issue an appropriate writ, order or direction in nature thereof to give full justice to the petitioners in the circumstances of the case and may pass

such further writ, order or orders as this Hon’ble Court may deem fit, proper, just and expedient in the circumstances of the case; and

(c) to award the costs of this writ petition to the petitioner;

(d) to direct the respondents to produce all the relevant records alongwith reply for perusal by this Hon’ble Courtâ€​.

The case of the petitioner is that he was appointed as Beldar on daily wage basis by the respondentÂdepartment w.e.f. 01.05.2002. On 14.11,2011,

respondent No.4 advertised 773 vacancies of the post of Clerk, which were to be filled in by way of limited direct recruitment from amongst 4th Class

employees. Copy of the petition is appended with the petition as Annexure PÂ​1.

The grievance of the petitioner is that despite the fact that petitioner appeared in the said test, he was not allowed to participate in the typing test, on

the ground that he was not eligible to participate in the process of recruitment to the post of Clerk from amongst 4th Class employees.

Feeling aggrieved, petitioner has filed this petition.

The stand of the respondents is that only those 4th Class employees were eligible to participate in the process so initiated, who were fulfilling the

eligibility criteria, which included the condition that only a regular 4th Class employee with a minimum of five years service including adÂhoc, contract,

daily wage service, if any, up to 31.10.2011, was eligible to participate in this process. According to the respondents, as on the cut of date, the

petitioner was not even on the regular role of the department concerned, therefore, he was not eligible against the post in issue to the considered for

appointment.

Learned Counsel for the petitioner has fairly stated that the petitioner was regularised as a Beldar only on 17.02.2012. This demonstrates that as on

31.10.2011, which is the cut of date, on which the candidate was to fulfill the eligibility criteria, the petitioner was not fulfilling the eligibility criteria to

be considered to appointment against the post of Clerk from amongst 4th Class employees.

In this view of the matter, this Court finds no infirmity in the act of the respondents of rejecting the candidature of the petitioner, on the ground that

he was not eligible as record demonstrates this fact. Thus, as this petition sans merit, it is accordingly dismissed. Pending miscellaneous applications, if

any, also stand dismissed. Interim order, if any, stands vacated.