JUDGMENT

Manoj Kumar Tiwari, J. - District Magistrate, Nainital issued a notification on 30.05.2002, inviting applications for appointment on the post of Patwari (Hill) & Patwari (Plains). The said notification is on record as Annexure-1 to the Writ Petition. Perusal of the notification reveals that there were 13 vacancies available on the post of Patwari (Hill) and 11 vacancies on the post of Patwari (Plains), thus, selection process was initiated for supplying 24 vacancies.

2. In clause 4 of the said notification, it was clearly mentioned that candidates will have to indicate the post for which the application is being made. Thus, it was open for a candidate to apply for the post of Patwari (Hill) or Patwari (Plain) or for both the posts.

3. It is not in dispute that petitioner had mentioned in his application that he is applying for both the posts. The grievance raised by the petitioner now is that he should have been appointed as Patwari (Plains) and he was wrongly appointed as Patwari (Hill).

4. It is the contention of learned counsel for the petitioner that petitioner belongs to O.B.C. category and since there were two vacancies on the post of Patwari (Plains) and petitioner was