A writ petition challenging the appointment of a respondent on the ground that she had not applied for the post. The court noted the record showed the respondent had formerly applied, dismissing the petition as devoid of merit.
Petition dismissed; parties to bear own costs; pending applications disposed of.
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 8th DAY OF MARCH, 2022 BEFORE
HON’BLE MR. JUSTICE TARLOK SINGH CHAUHAN, JUDGE & HON’BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA CIVIL WRIT PETITION NO.267 OF 2022
Between:-
KANTA DEVI AGED 52 YEARS, WIFE OF SHRI SURINDER BABU, RESIDENT OF VILLAGE PANJOA LADALI, TEHSIL AMB, DISTRICT UNA, H.P.
…PETITIONER
(BY MS. SALOCHNA RANA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH THROUGH SECRETARY (FOOD, CIVIL SUPPLIES & CONSUMER AFFAIRS) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA.
2. DIRECTOR, FOOD, CIVIL SUPPLIES & CONSUMER AFFAIRS, HIMACHAL PRADESH, KASUMPTI, SHIMLA.
3. SMT. PREM CHAUHAN RESIDENT OF VILLAGE TIRYARA, POST OFFICE KAINJAIN, SUB TEHSIL TAUNI DEVI, DISTRICT HAMIRPUR, H.P.
…RESPONDENTS
(BY MR. ASHOK SHARMA, ADVOCATE GENERAL, MR. SHIV PAL MANHANS, MR. VINOD THAKUR, ADDITIONAL ADVOCATES GENERAL AND MR. BHUPENDER THAKUR, DEPUTY ADVOCATE GENERAL, FOR R-1 & R-2)
1 WHETHER APPROVED FOR REPORTING?
This petition coming on for orders, Hon’ble Mr. Justice Tarlok Singh Chauhan, passed the following :
O R D E R
The instant petition has been filed for the grant of
following reliefs:
i) That writ in the nature of certiorari may kindly be issued and the impugned notification dated 14.8.2020 (Annexure P-4) may kindly be quashed and set aside.
1 Whether reporters of Local Papers may be allowed to see the judgment ? Yes.
2
ii) That writ in the nature of mandamus may kindly be issued and the respondents may kindly be directed to consider the candidature of the petitioner for being appointed as Non-official Member in the State Food Commission, in the interest of justice.”
“Notice confined to respondents No.1 and 2 at this stage. Mr. Bhupinder Thakur, learned Deputy Advocate General, appears and waives service of notice on behalf of respondents No.1 and 2. Records of selection be produced on the next date of hearing. List on 08.03.2022.”
( Tarlok Singh Chauhan) Judge
( Chander Bhusan Barowalia )
Judge
8th March, 2022 (CS)
1 issue framed by the court
Whether the petitioner can claim a right to be appointed as a Non-official Member in the State Food Commission based on a past application for the post.
Kanta Devi
State of Himachal Pradesh through Secretary (Food, Civil Supplies & Consumer Affairs)
Director, Food, Civil Supplies & Consumer Affairs, Himachal Pradesh
Smt. Prem Chauhan
Tarlok Singh Chauhan
Chander Bhusan Barowalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
