M.N. Bhandari, J. - (1.) THE respondents issued an advertisement for selection to the post of Forest Guard. All the petitioners applied for the posts and participated in physical test. A dispute came up in regard to the physical test. One set of petitioners are those who have been declared fail alleging manipulation by one Mr. Rishi Kumar Sharma, PTI. Another set of petitioners are those who have been declared pass in physical test but not given appointment. This Court passed an order on 16.09.2013 directing Chief Conservator of Forest to look into Compact Disc (CD) of physical test, which is reproduced hereasunder - "It is agreed by the parties that Compact Disc (CD) of physical test may be seen by the Chief Conservator of Forest in the presence of the petitioner in CW 5467/2011. He will then make a report as to which candidate could successfully completed and passed out the physical test or failed therein. The Chief Conservator of Forest would take assistance of an expert for that purpose and thereupon submit the report to this Court for each candidate. Let report be submitted by the CCF within four weeks before this Court. List this case accordingly on 17.10.2013.
(2.) A report has now been submitted pursuant thereto indicating that at certain places video is not so clear so as to give finding and at other places for cricket ball throw and 'paidal chaal' etc., it is not visible so as to find out the distance. Same finding has been given in regard to sit -ups. One set of writ petitioners are those who have prayed for holding fresh physical test in regard to the petitioners and those who are beneficiary of manipulation by the PTI though aforesaid has been contested by other set of writ petitioners who were earlier declared pass in the physical test.
(3.) LEARNED counsel for the State prayed for physical test afresh so that a clear opinion may come and if any of the petitioners are declared pass, consequence of appointment would follow subject to their merit position. In view of above, prayer is made that all the candidates should be directed to appear in the physical test again.;