Lok Pal Singh JUDGMENT
Lok Pal Singh, J.
1. Since the controversy involved in these writ petitions is same, therefore, for the sake of brevity and convenience, both these writ petitions are being disposed of by common judgment.
2. Petitioners have approached this Court seeking the following reliefs:-
i) declare cancellation of entire selection for the post of Forest Guard in the absence of any material for forming an opinion that the selection is tainted, as arbitrary and illegal.
ii) Issue a writ, order or direction in the nature of certiorari for quashing the order/notification issued by respondent no. 4 as published in Hindi daily newspaper Amar Ujala dated 18.10.2015 whereby entire selection has been cancelled without assigning any reason.
iii) Issue a writ, order or direction in the nature of mandamus declaring the impugned decision to cancel the entire selection, in the absence of any material for forming such an opinion, as arbitrary and illegal.
iv) Issue a writ, order or direction in the nature of mandamus commanding the respondents to take the selection in question to its logical end and give appointment to the successful candidates recommended by the selection committee.
v) Issue a writ, order or direction in the nature of mandamus commanding the respondents to forthwith appoint the petitioners to the post of Forest Guard pursuant to the recommendation of the selection committee, which was duly accepted by the appointing authority.
vi) Issue a writ, order or direction in the nature of mandamus commanding the respondents to give appointment to the petitioner from due date i.e. the date when he would have been appointed if the selection was not cancelled and also to pay him all consequential benefits.
3. Factual matrix of the case is that the respondent no. 4 issued an advertisement dated 1st November 2013, inviting applications from open market for direct recruitment on the 12 posts of Forest Guard. The selection process consisted of physical examination, written examination followed by physical endurance test. For holding the selection, a Selection Committee was constituted, comprising Dr. Koko Rose, D.F.O. Kalagarh, Tiger Reserve Division as Chairman, Shri S.P. Singh, S.P.O. Sona Nadi, Sub Division of Kalagarh Tiger Reserve Division, Shri L.R. Nag, S.D.O. Adnala Sub Division of Kalagarh Tiger Reserve Forest Division, Shri B.N. Nishad, S.D.O. Haldwani Forest Division, Haldwani and Sub Divisional Magistrate, Lansdowne, as members of the selection committee. Pursuant to the said advertisement, petitioners submitted their applications forms. They were allotted admit cards, they participated in the selection process and were declared successful in physical examination as well as written examination. Thereafter, the petitioners were called for physical endurance test which was scheduled to be held on 02.09.2015. Petitioners participated in the said test and were declared qualified. Meanwhile, a complaint was received by the respondents regarding unfair practice in the selection process. On the basis of said complaint dated 14.09.2015, after due inquiry, a notification was issued, cancelling the entire selection process for the post of Forest Guard. Said notification was published in Amar Ujala hindi daily newspaper on 18.10.2015. It was further stated in the Notification that the written examination shall again be conducted and intimation with regard to the date of the written examination will be given separately. Feeling aggrieved by the cancellation of selection process, petitioners have filed the present writ petitions.
4. Heard Shri Aditya Singh, learned counsel for the petitioners and Ms. Anjali Bhargava, Additional Chief Standing Counsel along with Shri Sushil Vashishtha, Standing Counsel for the State of Uttarakhand/respondents.
5. Learned counsel for the petitioners co........