MAHESH CHANDRA NAGILA Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-7-58
HIGH COURT OF UTTARAKHAND
Decided on July 11,2012

Mahesh Chandra Nagila Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

- (1.) Director, Corbett Tiger Reserve, Ramnagar, Nainital issued an advertisement dated 31st October, 2011 inviting application for direct recruitment on 17 posts of Forest Guard. The process of the selection procedure is, that a candidate was required to give a physical examination, a written examination and, thereafter, a physical endurance test. The petitioner is a permanent resident of Berinag, District Pithoragarh and served in the Army for 20 years. The petitioner holding the requisite qualification, applied for the post of Forest Guard under the category of an ex-service man. The respondents constituted a Committee in terms of Lower Subordinate Forest Service Rules, 1980 which consisted of Director, Corbett Tiger Reserve as the Chairman of the Committee and Deputy Director, Corbett Tiger Reserve, Incharge, Director Corbett Wildlife Training Centre Kalagarh, Assistant Conservator of Forest and Employment Officer Ramnagar as a nominee of District Magistrate were other members of the Committee. This Selection Committee in its meeting dated 23rd February, 2012 took several decisions with regard to conducting the examination, etc. The Committee took a decision that the physical examination would be held on 15/16th March, 2012 and the written examination would be held on 18th March, 2012. Based on the aforesaid, decision, the petitioner applied and appeared in the physical examination and, thereafter, appeared in the written examination. The petitioner qualified in the aforesaid examination. Written examination was scrutinized by the experts and the result was declared on 26th March, 2012. In the merit list, the petitioner's name was found as one of the successful candidates.
(2.) The Assistant Conservator of Forest, Corbett Tiger Reserve who was nominated as examination and evaluation officer issued a letter dated 24th March, 2012 to the Nodal Officer indicating the measures which were taken for conducting the written examination in a free and fair manner. In this letter, it was indicated that the written examination would be held in the presence of the faculty members and other staff of Govt. Post Graduate College, Ramnagar under the supervision of S.D.M., Tehsildar and Employment Officer Ramnagar. Assistance of local police was also taken. The Officer indicated that the examination was conducted in a free and fair manner and that there was no irregularity of any kind whatsoever.
(3.) Based on the declaration of the results, respondent No. 3 issued a letter dated 27th March, 2012 calling of the selected candidates to present themselves on 2nd April, 2012 for the physical endurance test However, prior to the said date, a notification dated 31st March, 2012 was issued by the Deputy Director on behalf of the Director intimating the cancellation of the selection process. This notification was published in the newspaper on 1st April, 2012. Subsequently, on 11th April, 2012, the respondents issued a fresh notification intimating all the candidates concerned that a fresh physical and written examination would be held in May, 2012. The petitioner, being aggrieved by the cancellation of the selection process, has filed the present writ petition for quashing of the notification dated 31st March, 2012 by which the respondents has cancelled the selection process for the posts of Forest Guard and further prayed for a writ of mandamus commanding the respondents to continue with the selection process and take it to its logical end and give appointment to the successful candidates.;


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