The importance of considering all relevant factors, including physical test marks, in evaluating the merit of candidates for appointment.

J. S. Khehar, J.

1. Through this order we propose to dispose of CWP No.6767 of 2003 and CWP No.8554 of 2003.

2. In both these cases, the petitioners were allowed to participate in the process of selection as a consequence of a direction issued by this court. Having allowed the petitioners to participate in the process of selection, they have now been evaluated by accepting that the petitioners were eligible for appointment in response to the advertised posts. In the first instance, in the response submitted by the respondents the merit position of the petitioners was depicted at serial Nos.135a and 135b. It was pointed out by the learned counsel for the petitioners in both these cases that while determining the merit position of the petitioners, the respondents had inadvertently not taken into consideration the physical test marks obtained by them in the process of selection.

3. On the last date of hearing i. e.25.4.2006, it was conceded by the learned counsel for the respondents that marks for the physical test had to be added to the total marks while evaluating the inter se merit of the candidates who had participated in the process of selection. The aforesaid exercise is stated to have been conducted now by the respondents, whereupon, the petitioner earlier placed at serial No.135a in the merit list has now been placed in the merit list at serial No.77a, after adding to his score the physical test marks obtained by him. Similarly, the other petitioner, who was placed at serial No.135b in the merit list has now been placed in the merit list at serial No.77b. Keeping in mind the aforesaid fact and the conceded position that candidates upto serial No.123 of the merit list have been appointed against the posts of Forest Guard, it is acknowledged, that on the basis of the revised merit list of the petitioners, both of them fall within the zone of appointment.

4. In view of the above, the instant writ petition is allowed. The respondents are directed to issue offers of appointment to the petitioners forthwith. The offers of appointment of the petitioners shall relate back to the date when persons, who are below in the merit list than the petitioners, were appointed against the said posts. Be that as it may, on account of the fact that the petitioners have not discharged duties of the post of Forest guard in the interregnum, they shall not be allowed back wages. They shall, however, be entitled to seniority and all consequential benefits.