NARINDER KUMAR SHARMA Vs. STATE

JUDGEMENT

(1.) With the consent of learned counsel for the parties, this petition is taken up for final disposal.

(2.) The petitioner responded to the Advertisement Notice issued by the respondents for being selected and appointed on the post of Follower (Cook) in IRP. The petitioner along with other eligible candidates were subjected to the selection process. The petitioner on the basis of the merit and suitability was selected for being appointed as Follower (Cook) which select list was published in a daily English newspaper Daily Excelsior in its issue dated 29.12.2008. The petitioner was shown to have been selected as Follower (Cook) in general category and was adjusted in 13 Bn IRP. It appears that the petitioner was denied appointment in view of the registration of FIR no.46/2007 under sections 451/147 RPC. The petitioner being aggrieved of the inaction of the respondents to appoint him filed writ petition on hand claiming that respondents be directed to allow the petitioner to join on the post of Follower (Cook) with a further prayer that action of the respondents which prevented him to join on the said post be declared as ultra vires, illegal, arbitrary, unconstitutional.

(3.) On notice, reply has been filed by the respondents in which it is stated that it was not deemed proper and desirable to appoint the petitioner on the post of Follower (Cook) in view of verification report about his character and antecedents.