The impermissible revaluation of the petitioner's answer-sheet, the disapproved action of conducting a second walk test for failed candidates, and the malicious actions of the respondents in depriving a meritorious selected candidate and selecting a less meritorious/failed candidate.

Sujoy Paul, J.

1. This petition under Article 226 of the Constitution of India was initially filed to assail the select list (Annexure P/4) for the post of Forest Guard. It was further prayed that appropriate direction be issued for conducting the inquiry regarding whole selection process of Forest Guard Examination of Chhindwara. It is prayed that a fresh examination by independent agency be directed to be conducted. Later on, the petition was amended and it was prayed that selection/appointment of respondent No.4 Premlal Karode be set aside and in place thereof, petitioner be selected being more meritorious candidate. The challenge is also made to select list Annexure P/8 dated 13.09.2008 whereby appointment of respondents No.4 to 12 were made.

2. The facts briefly stated by the petitioner in the petition are that pursuant to an advertisement, the petitioner submitted his candidature for the post of Forest Guard in the category of OBC. The advertisement dated 05.06.2008 published in 'Dainik Bhasker' is also filed as Annexure P/1. In due course, Roll No.10245 was allotted to the petitioner. The Admit Card is filed as Annexure P/2. The result was declared in 'Dainik Bhaskar' dated 06.07.2008. The petitioner obtained 50 out of 70 marks as per said result. After passing the written test, petitioner appeared in personal interview conducted on 10.07.2008. Petitioner contends that he has received 06 out of 09 marks in the interview.

3. Shri K.K. Pandey contends that after personal interview, a select list was published in 'Dainik Bhaskar' on 14.09.08 (Annexure P/4). Petitioner's roll number does not find place in the said list. It is submitted that persons who have been selected in OBC category got less marks than petitioner in the written examination. The whole selection process was unfair and non transparent. Petitioner, being more meritorious candidate had preferential right of selection. It is submitted that candidates who were having political backing of MLAs and MPs of ruling party, were selected.

4. The respondents filed their return on 10.12.2008. The averments of the petition were denied in the return. It is averred that petitioner is claiming relief of quashing the select list Annexure P/4 but has not impleaded all the selected candidates as party. In absence of impleadment of necessary parties, the petition is not tenable.

5. It is further stated in the return that entire process of selection was conducted as per statutory Recruitment Rules of 1999, namely (M.P. Class III Forest (Non Ministerial) Recruitment Rules, 1999) as well as per M.P. Lok Seva (Anusuchit Jatiyon, Anusuchit Jan jati Aur Anya Pichhada Vargo Ke Liye) Adhiniyam, 1994. It is stated that for OBC category, 33% is the minimum qualifying marks. The candidates who have secured 33% marks in written examination are included in the select list. A consolidated merit list needs to be prepared by considering the candidates three times the number of vacancies by fixing the cut-off marks. The candidates so included in the merit list were called for interview so that a valid short listing can take place. In para-6 of the return, it is submitted that the select list is to be prepared on the basis of aggregate performance of the candidates in the written examination followed by interview. In the present case, against 137 vacancies, a merit list of 319 was prepared i.e three times the number of vacancies. It is submitted that for OBC category the number of seats were 18. Seventy candidates of this category could find place their names in the select list. The cut-off marks were 55.40. It is averred that petitioner obtained 49.50 marks in the written examination and 4.40 marks in interview. Thus, in total 53.90 marks were obtained by the petitioner which were below the cut-off marks. It is submitted that last OBC candidate was Sunil Sonkushre who obtained 55.40 mark