High Court directed respondent to consider the petitioner's case for appointment as Computer Assistant in vacant posts within two weeks, without adjudicating merits, and vacated interim order.
Direction to respondent No. 2 to consider petitioner's case for appointment to vacant post of Computer Assistant within two weeks.
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.
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 1st DAY OF AUGUST, 2022 BEFORE
HON’BLE MS. JUSTICE SABINA
&
HON’BLE MR. JUSTICE SATYEN VAIDYA CIVIL WRIT PETITION No.1760 of 2022
Between:-
SANDEEP KUMAR, SON OF SH. KULDIP CHAND, RESIDENT OF VILLAGE BATI, POST OFFICE KARANGHAT, TEHSIL JAISINGHPUR, DISTRICT KANGRA, H.P., PRESENTLY WORKING AS COMPUTER ASSISTANT/TECHNICIAN, HIGHLY SKILLED IN NIT HAMIRPUR, H.P. (ON OUTSOURCE BASIS THROUGH RAKSHAK SECURIATAS PVT. LTD.), DISTRICT HAMIRPUR, H.P.
….PETITIONER
(BY MR. RAMAKANT SHARMA, ADVOCATE)
AND
1. STATE OF H.P. THROUGH ITS PRINCIPAL SECRETARY (TECHNICAL EDUCATION VOCATIONAL & INDUSTRIAL TRAINING) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-171002.
2. DIRECTOR, TECHNICAL EDUCATION, VOCATIONAL & INDUSTRIAL TRAINING, H.P. SUNDERNAGAR, DISTRICT MANDI, H.P.
3. HIMACHAL PRADESH STAFF
2
SELECTION COMMISSION, HAMIRPUR, H.P. THROUGH ITS SECRETARY.
4. ANIL KUMAR, PARENTAGE NOT KNOWN.
5. VIVEK KUMAR, PARENTAGE NOT KNOWN.
BOTH RESPONDENTS NO.4 & 5 THROUGH RESPONDENT NO.3, HIMACHAL PRADESH STAFF SELECTION COMMISSION, ….RESPONDENTS HAMIRPUR, H.P.
(MR. ASHWANI SHARMA, ADDITIONAL ADVOCATE GENERAL, FOR R-1 & R-2, MR. SANJEEV KUMAR MOTTA, ADVOCATE, FOR R-3, MR. B.C. NEGI, SR. ADVOCATE, FOR R-4, MR. PANKAJ CHOUDHARY, ADVOCATE ON BEHALF OF MR. VIKAS RAJPUT, ADVOCATE, FOR R-5)
________________________________________________________
This Civil Writ Petition coming on for admission this
day, Hon’ble Ms. Justice Sabina, passed the following:
O R D E R
Learned counsel for the petitioner has submitted that
petitioner is at Sr. No.2 in the waiting list. Learned counsel has further submitted that the candidate, who was at Sr. No.1 in the merit list, has not joined the post in question and as per the reply
filed by the State, respondent No.5 has not been found eligible for
the post in question. Thus, two vacancies have arisen with the
3
respondents. Learned counsel has further submitted that, at this stage, petitioner would be satisfied in case the officialrespondents are directed to consider the case of the petitioner for his appointment on the vacant post of Computer Assistant.
case, this petition is disposed of with a direction to respondent No.2 to consider the case of the petitioner for appointment to the post of Computer Assistant, vis-à-vis, vacancies available with them, expeditiously, preferably within a period of two weeks from the date of receipt of copy of this order.
also stand disposed of.
1 issue framed by the court
Whether the petitioner should be directed to be considered for appointment in vacant posts.
Sandeep Kumar
State of H.P. through its Principal Secretary
Director, Technical Education, Vocational & Industrial Training, H.P.
Himachal Pradesh Staff Selection Commission
Sabina
Vaidya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
