- (1.) The appellant herein had invited applications to fill up the post of Sub Station Attendant by issuing advertisement in this behalf. As an aspirant for this post, the respondent herein also responded to the said advertisement and applied for the post under 'Outstanding sports quota persons'. It is not in dispute that certain posts were earmarked and reserved under the sports quota. The respondent was allowed to appear in the written test under the said quota. When the result was declared, the respondent emerged on the top of the merit list in the category of sports persons. He was, accordingly, asked to appear before the Selection Committee on 22.09.2010 at 9.00 AM alongwith the certificates. The respondent duly appeared before the said Committee on the assigned date. However, the candidature of the respondent was rejected on the ground that he had secured less than 50% marks in his Diploma Course done in Electrical Engineering.
(2.) The petitioner approached this Court invoking extraordinary original jurisdiction under Article 226 of the Constitution of India by filing writ petition which has been allowed by the learned Single Judge vide judgement dated 26.08.2011, holding that the respondent had secured 50.97% marks in the said Diploma Course and was, therefore, eligible to be considered for the appointment to the post of Sub Station Attendant. Direction was, accordingly, issued to the appellant herein to consider the case of the respondent for appointment to that post against the vacancy which was still lying vacant within a period of one month from the date of receipt of the order.
(3.) Naturally, the appellant has not accepted this order and it still maintains that the marks obtained by the respondent in Diploma in Electrical Engineering are less than 50%. Because of this, the appellant has filed the present appeal, challenging the direction given by the learned Single Judge in the impugned judgement.;