Petitioner aggrieved by rejection from Animal Husbandry Attendant post due to alleged missing photograph. HC allowed writ, directing respondents to evaluate petitioner on merit and consider appointment if he ranks sufficiently high.
Respondents directed to examine petitioner on merit and consider him for appointment if he ranks high enough.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 9th DAY OF MARCH, 2022
BEFORE
HON’BLE MR. JUSTICE MOHAMMAD RAFIQ CHIEF JUSTICE
&
HON’BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No. 171 of 2022
Between:
SH. SAKSHAM, S/O SHRI UMESH KUMAR, AGED 20 YEARS, R/O VILLAGE BALIARA (MANGARH), POST OFFICE POLIAN, TEHSIL FATEHPUR, DISTRICT KANGRA, HIMACHAL PRADESH.
…PETITIONER
(BY MR. ONKAR JAIRATH, ADVOCATE.)
AND
1. STATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY (ANIMAL HUSBANDRY) SHIMLA, 171001, HIMACHAL PRADESH.
2. THE DIRECTOR, ANIMAL HUSBANDRY, BOILEAUGANJ, SHINMLA, 171005.
3. THE DEPUTY DIRECTOR, ANIMAL HEALTH & BREEDING, KANGRA, DISTRICT KANGRA, HIMACHAL PRADESH.
... RESPONDENTS
(BY MR. ASHOK SHARMA, ADVOCATE GENERAL WITH MS. RITTA GOSWAMI, ADDITIONAL ADVOCATE GENERAL)
____________________________________________________
This petition coming on for admission this day, Hon’ble Mr. Justice Mohammad Rafiq, passed the following:
O R D E R
This writ petition has been filed by petitionerSaksham, S/o Sh. Umesh Kumar, aged 20 years, aggrieved by the action of the respondents, since they did not consider his candidature for appointment to the post of Animal Husbandry Attendant on the premise that he did not affix his photograph with the application form.
Department had inserted his name in the list of rejected candidates. This fact came to his knowledge on 03.01.2022. The name of the petitioner figured at Sr. No. 3303 in the aforesaid list. The reason for rejecting the candidature of the petitioner was given as “photograph not attached”. According to the petitioner, he had properly affixed his photograph with the application form and there is every likelihood that the same might have been de-attached or lost amongst other documents of the respondent-Department.
also stand disposed of.
( Mohammad Rafiq ) Chief Justice
( Jyotsna Rewal Dua ) Judge March 9, 2022
(hemlata)
2 issues framed by the court
Whether a meritorious candidate should be rejected for application due to missing photograph if the possibility of loss cannot be ruled out.
Whether the High Court should direct the respondents to reconsider the petitioner's candidature based on merit after admitting that the photograph may have been misplaced.
Sh. Saksham
State of Himachal Pradesh Through Its Secretary (Animal Husbandry)
The Director, Animal Husbandry
The Deputy Director, Animal Health & Breeding
Mohammad Rafiq
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
