CWP(T) No. 6532 of 2008 11.08.2010 Present: Mr. R. D. Kaundal, Advocate, for the petitioner. Mr. R. K. Sharma, Senior Additional Advocate General with Mr. Ram Murti Bisht, Deputy Advocate General for respondent No. 1. Mr. D. K. Khanna, Advocate, for respondent No. 2. Mr. Virender Verma, Advocate, for respondent No. 3. Heard the learned Counsel for the parties. Record perused. There is no dispute that the petitioner had appeared in the screening test. There is also no dispute that he had qualified in the said test. Respondent No.2 on the request of respondent No. 1 had invited applications for filling up the post of Assistant Engineer (Civil) in the Public Works Department of the State. Record does not reveal as to in what manner the petitioner was more meritorious than the private respondents who stand selected and appointed way back in the year 2000. When the petitioner filed this present petition no interim order was passed in his favour at that time save and except that the appointment made shall be subject to the final disposal of the present petition. Petitioner’s apprehension that he was awarded less marks in the oral interview is not based on any foundation. It is not his case that he has had an excellent and a brilliant academic record or that the selection of the private respondent is for extraneous reasons. Petitioner has also not alleged malafides against respondent No. 2. 2. It is the petitioner’s grievance that respondent No. 5 does not belong to O.B.C. category. It has been clarified by respondent No. 2 that the recommendation of the name of this candidate was subject to the confirmation of his status by the respondent/State. The State after proper verification had issued the appointment letter. -2- 3. Hence it cannot be said that any legally enforceable right of the petitioner stands violated. The selection process is absolutely in conformity with the advertisement issued by the respondent/authorities. There is no infraction of the same. 4. For the aforesaid reasons the present petition is dismissed. (Sanjay Karol), Judge. August 11, 2010 (PK)