CWP(T) No. 6629 of 2008 24.09.2010 Present: Mr. Yudhbir Singh, Advocate, vice Mr. K. D. Shreedhar, Advocate, for the petitioner. Mr. D. K. Khanna, Advocate, for respondent No. 1. Mr. Vikas Rathore, Deputy Advocate General for respondent No. 2. Petitioner has inter alia prayed for the following reliefs:- “(i) That the respondents may be directed to consider the candidature of the applicant for the post against general category and they may be directed to conduct meeting of the Selection Committee to interview him immediately. (ii) In the alternative respondents may be directed to appoint him as a Medical Officer particularly in view of the fact that he has already been offered ad-hoc appointment as Medical officer vide memo dated 23.10.1999(Annexure A-1).” 2. In reply the respondents have stated as under:- “On receipt of requisition from the Government, the Commission advertised 256 posts of Medical Officers in the department of Health and Family Welfare, Himachal Pradesh vide Advertisement No. V/99 dated 26.10.1999. In response to the advertisement, 592 applications were received. Out of these applications, 113 applications were rejected for not possessing essential qualification(s) and late receipt etc. All the eligible candidates were provisionally admitted and called for interview commencing w.e.f. 28.3.2000 to 7.4.2000. The applicant had applied for the post of Medical Officer under the reserve category of Ex-Serviceman and he was admitted as a ward of Ex-Serviceman since he had not furnished any proof of being an Ex-Serviceman. He was called to appear before the interview board on 7.4.2000 as a ward of Ex-Serviceman. A specific condition was laid down vide para 2(g) of the interview call letter to bring the -2- certificate of ward of Ex-Serviceman and a affidavit on non- judicial paper. In para 4 of the above, it was made clear if he fails to being the requisite documents in support of his eligibility for the post, he would not be allowed to appear before the interview board. But on scrutiny of the documents on the day of interview, the applicant failed to produce the ward of Ex-Serviceman certificate and requested the Commission to interview him as a general candidate since his father has been rehabilitated by the State Government and as such the applicant failed to produce the ward of Ex-Serviceman certificate. The applicant knew well that his father has already availed the benefits of Ex-Serviceman even then applicant claimed the category of ward of Ex-Serviceman in his application and also signed the undertaking given in the application. Therefore, the applicant has mislead the Commission by giving wrong information.” 3. No rejoinder has been filed to the same by the petitioner. From the reply it is evident that petitioner had failed to produce the necessary documents to prove his eligibility. Further the post already stands filled up. 4. Consequently it cannot be said that any legally enforceable right of the petitioner stands violated. Petition devoid of any merit is dismissed. (Sanjay Karol), Judge. September 24, 2010 (PK)