The decision of the selection committee cannot be examined under writ jurisdiction in the absence of malice or arbitrariness.

ORDER :

1. The petitioner has preferred the present writ petition praying for the following reliefs:-

“10.1 That, Hon'ble Court may kindly be pleased to quash the entire proceeding for selection of Chaukidar and Safai Jamadar in respondent's Department in respect of unreserved candidates being illegal and arbitrary.

10.2 That the Hon'ble Court may kindly be pleased quashed the select listed dated 12.09.2013 (Annexure P-1) in respect of respondent no.3 and 4 being disqualified, in the interest of Justice.

10.3 That the Hon'ble Court may kindly be pleased to issue the writ of Mandamus commanding upon the respondent no 2 and direct him to consider the case of the petitioner and presuming as100% of marks obtained by him in Primary School Exam Certificate for the year 1984-85 and restart the process of selection, in the interest of justice.

10.4 That, the Hon'ble Court may kindly be pleased to call for the entire relevant records from the respondents.

10.5 That, Any other order of orders or Direction or Relief though just and fit in the circumstances of the case may also kindly be granted.”

2. Brief facts of the case are that the respondent No.2 published an advertisement dated 11.07.2013 through direct appointment for the post of Pump Coolly Safai Jamadar and Choukidar. The earliest government of Madhaya Pradesh had declared "No Exam Year for the year 1984-85 and the petitioner was given General Kramonnati from class 5th to Class 6th since there was no exam conducted by the Education Board in the year 1984-85, as such the petitioner could not get the mark-sheet but he is having the certificate issued by the District Education Officer Mahasamund. The petitioner has appeared in he examination for Class VIII in the year 1989 and he has been declared pass with 50% of marks. The petitioner has been registered with employment and training office of District Mahasamund on 26.08.2010. The petitioner being eligible for the two posts Safai Jamadar and Chaukidar applied for the post of Safai Jamadar and Chaukidar pursuant to the advertisement issued by the respondent No.2. The petitioner also possessed the experience certificate from the Municipal Council of Mahasamund Distt. Mahasamund, as he had work experience of Chaukidar in the office of the respondents up to 2011. The respondents called for the inter-view on 12.09.2013 for the post of Safai Jamadar and Chaukidar and the name of the petitioner for the post of Safai Jamadar is at serial no.16 and for Chaukidar at serial no.3. The respondent no.3 submitted the experience certificate in computer operator which has been considered by the respondents for the post of Chaukidar. The respondent no.4 also applied for the post of Safai Jamadar and he mentioned his date of birth as 20.10.1974 and on 01.01.2013 his age was 38 year 2 months and 13 days, but as per rules the maximum age for the general category was 35 years. The respondent no 4 has no experience in Safai Jamadar and he is having experience of driving of JCB Machine and for the same he has submitted his experience certificate before the respondent no 2. Thereafter the respondent no.2 published the list of marks obtained by the candidates for the post of Safai Jamadar and Chaukidar, wherein the name of the petitioner is at serial no.18 in safai Jamadar list and at serial no. 30 in Chaukidar list. In both the lists, Zero marks has been calculated in Primary examination Certificate. The petitioner appeared in interview but his marks in class Vth (Primary School Certificate Exam) has been considered as Zero marks since there was no-exam year declared by the Education Department and the respondents have not considered him in merit list and the select list has been declared by the respondent no.02. Thus, the petitioner has filed the present writ petition.

3. Learned counsel for the petitioner submits that the action of the respondents is arbitrarily