High Court dismissed 29 connected constitutional writ petitions challenging an amendment to the Part Time Multi Task Worker Policy, 2020, holding that the issue was non-derelict as previously settled by this Court and Supreme Court.
Dismissed; 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, SHIMLA
| CWP No. 4269 of 2022 a/w connected matters. Reserved on: 07.07.2023 Decided on: 14.07.2023 |
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|---|---|
| ___________________________ 1.CWP No. 4269 of 2022 |
_______________________________ |
| Jyoti Devi | ...Petitioner |
| Versus | |
| State of H.P. and others | …Respondents |
| 2.CWP No. 8180 of 2021 | |
| Harsh Kumar |
...Petitioner Versus |
| State of H.P. and others | …Respondents |
| 3.CWP No. 3951 of 2022 | |
| Asha Devi |
...Petitioner Versus |
| State of H.P. and others | …Respondents |
| 4.CWP No. 3954 of 2022 | |
| Santoshi | ...Petitioner |
| Versus | |
| State of H.P. and others | …Respondents |
| 5.CWP No. 3958 of 2022 | |
| Kaushalya Kumari | ...Petitioner |
| Versus | |
| State of H.P. and others | …Respondents |
| 6.CWP No. 3963 of 2022 | |
| Sunil Dutt |
...Petitioner Versus |
| State of H.P. and others | …Respondents |
| 7.CWP No. 3979 of 2022 | |
| Seema Devi |
...Petitioner Versus |
| State of H.P. and others | …Respondents |
| 8.CWP No. 3996 of 2022 | |
| Shivani | ...Petitioner |
2
State of H.P. and others |
Versus |
…Respondents |
|---|---|---|
| 9.CWP No. 3998 of 2022 | ||
| Nina |
Versus | ...Petitioner |
| State of H.P. and others 10.CWP No. 4105 of 2022 |
…Respondents | |
| Atma Ram |
Versus | ...Petitioner |
| State of H.P. and others | …Respondents | |
| 11.CWP No. 4187 of 2022 | ||
| Varsha Kumari |
Versus | ...Petitioner |
| State of H.P. and others | …Respondents | |
| 12.CWP No. 4279 of 2022 | ||
| Chamna Devi |
Versus | ...Petitioner |
| State of H.P. and others 13.CWP No. 4281 of 2022 |
…Respondents | |
| Ashok Kumar |
Versus | ...Petitioner |
| State of H.P. and others | …Respondents | |
| 14.CWP No. 4282 of 2022 | ||
| Pariksha |
Versus | ...Petitioner |
| State of H.P. and others | …Respondents | |
| 15.CWP No. 4360 of 2022 | ||
| Saif Ali | ...Petitioner | |
| Versus | ||
| State of H.P. and others | …Respondents | |
| 16.CWP No. 4368 of 2022 | ||
| Surinder Singh |
Versus | ...Petitioner |
| State of H.P. and others | …Respondents | |
| 17.CWP No. 4369 of 2022 | ||
| Sunita Devi |
Versus | ...Petitioner |
| State of H.P. and others 18.CWP No. 4406 of 2022 |
…Respondents |
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| Meenakshi Kumari State of H.P. and others 19.CWP No. 4407 of 2022 |
Versus |
...Petitioner …Respondents |
|---|---|---|
| Promila |
...Petitioner | |
| Versus | ||
| State of H.P. and others 20.CWP No. 4445 of 2022 |
…Respondents | |
| Vikash Sharma |
Versus | ...Petitioner |
| State of H.P. and others | …Respondents | |
| 21.CWP No. 4697 of 2022 | ||
| Sanjay Kumar |
Versus | ...Petitioner |
| State of H.P. and others | …Respondents | |
| 22.CWP No. 4955 of 2022 | ||
| Ajay Kumar |
Versus | ...Petitioner |
| State of H.P. and others | …Respondents | |
| 23.CWP No. 4957 of 2022 | ||
| Bodh Raj |
Versus | ...Petitioner |
State of H.P. and others |
…Respondents | |
| 24.CWP No. 5042 of 2022 | ||
| Chaman |
Versus | ...Petitioner |
State of H.P. and others |
…Respondents | |
| 25.CWP No. 5593 of 2022 | ||
| Anita Devi |
Versus | ...Petitioner |
| State of H.P. and others | …Respondents | |
| 26.CWP No. 5595 of 2022 | ||
| Pushap Raj |
Versus | ...Petitioner |
| State of H.P. and others | …Respondents | |
| 27.CWP No. 5954 of 2022 | ||
| Seema Devi |
...Petitioner | |
| Versus | ||
| State of H.P. and others | …Respondents |
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28. CWP No. 6373 of 2022
| Usha Devi |
...Petitioner Versus |
|---|---|
| State of H.P. and others | …Respondents |
| 29.CWP No. 6527 of 2022 | |
| Beli Ram |
...Petitioner Versus |
| State of H.P. and others | …Respondents |
| 30.CWP No. 7190 of 2022 | |
| Naro Devi |
...Petitioner Versus |
| State of H.P. and others | …Respondents |
| 31.CWP No. 7191 of 2022 | |
| Vikas Kumar |
...Petitioner Versus |
| State of H.P. and others | …Respondents |
| 32.CWP No. 7192 of 2022 | |
| Liyakat Ali |
...Petitioner Versus |
| State of H.P. and others | …Respondents |
| 33.CWP No. 9086 of 2022 | |
| Geeta Devi |
...Petitioner Versus |
| State of H.P. and others | …Respondents |
| 34.CWP No. 660 of 2023 | |
| Neelam Kaur |
...Petitioner Versus |
| State of H.P. and others | …Respondents |
| 35.CWP No. 2456 of 2023 | |
| Mukesh Kumar and other |
s ...Petitioners Versus |
| State of H.P. and others | …Respondents |
| 36.CWP No. 3216 of 2023 | |
| Santosh Kumari |
...Petitioner Versus |
| State of H.P. and others | …Respondents |
| ____________________________ Coram |
___________________________ |
| The Hon’ble Mr. Justice Ta | rlok Singh Chauhan, Judge |
| The Hon'ble Mr. Justice Sa | tyen Vaidya, Judge |
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1 Whether approved for reporting? No
| ________________________ For the petitioner(s) |
_______________________________________ : Mr. Sanjeev Kumar Suri, Mr. Sandeep K. Pandey, Mr. Servedaman Rathore, Mr. Jai Dev Thakur, Mr. H. S. Rana, Mr. Rajneesh K. Lal, Mr.Atul Kumar, Mr. Hirdaya Ram, Mr.Anil Kumar Manget, Mr. Onkar Jairath, Mr.Shubham Sood, Mr. Sat Prakash, Mr. Suresh Saini, Mr. Varun Chauhan, Mr. Hitesh Thakur, Mr. Atharv Sharma, Ms. Madhurika Sekhon Verma, Mr. Prashant Sharma, Mr. H. S. Rangra, Mr. Goldy Kumar and Mr.Varun Rana, Advocates, for the respective petitioner(s). |
|---|---|
| For the respondents: | Mr. Anup Rattan, Advocate General, with Mr. Ramakant Sharma, Ms. Sharmila Patial, Additional Advocate Generals, Ms. Priyanka Chauhan, Dy. Advocate General and Mr. Rajat Chauhan, Law Officer, for the respondents/State. |
| Mr. Owais Khan Pathan, Mr. Parveen Chauhan, Advocate vice Mr. Vishal Panwar, Mr. Nimish Gupta, Mr. Naveen K. Bhardwaj, Mr. H.S. Rana & Mr. A.S. Rana, Mr. Yashveer Singh Rathore and Mr. Gurmeet Bhardwaj, Advocates, for the respective respondents. |
Satyen Vaidya, Judge
All these petitions are being decided by a common
judgment as identical questions of facts and law are involved.
1 Whether reporters of Local Papers may be allowed to see the judgment?
6
7
Some of the judgments passed by this Court on the issue are
Surender Singh vs. State of H.P. and others , CWP No. 4139 of 2022, decided on 28.06.2022, Balbir Singh vs. State of H.P. and others , CWP No. 4169 of 2022, decided on 29.06.2022 and Smt. Khimi Devi vs. State of H.P. and others , CWP No. 4197 of 2022, decided on 30.06.2022. It has clearly been held that Clause 7 (iv) of the Policy only provided for grant of 8 (eight) marks to those candidates whose families have donated land for school. The term “families” as noticed above, had been used in general term. No details were provided as to who would be included in term “families”. In view of this, the letter dated 24.05.2022 was held to be clarificatory in nature.
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“Delay condoned.
We do not see any valid reason to interfere with the impugned orders and hence, the special leave petitions are dismissed.
Pending application(s), if any, shall stand disposed of.”
Surender Singh vs. State of H.P. and others, CWP No. 4139 of 2022 and Balbir Singh vs. State of H.P. and others, CWP
No. 4169 of 2022, which have also been dismissed.
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the petitions and the same are dismissed. Pending application(s) if any, also stand disposed of.
(Tarlok Singh Chauhan) Judge
14th July, 2023.
14th July, 2023. (Satyen Vaidya) (GR) Judge
2 issues framed by the court
Impugned amendment in Clause 7 (iv) of Part Time Multi Task Worker Policy, 2020 restricting family definition to land donors for school reporting.
Whether the restrictive amendment of Policy is discriminatory and arbitrary.
Colour shows how this judgement treated each authority
Surender Singh vs. State of H.P. and othersFollowed¶24
Surender Singh vs. State of H.P. and others, CWP No. 4139 of 2022
Balbir Singh vs. State of H.P. and othersFollowed¶23
Balbir Singh vs. State of H.P. and others, CWP No. 4169 of 2022
Smt. Khimi Devi vs. State of H.P. and othersFollowed¶23
Smt. Khimi Devi vs. State of H.P. and others, CWP No. 4197 of 2022
1 provisions across 1 enactments
Jyoti Devi
Harsh Kumar
Asha Devi
Santoshi
Chaushalya Kumari
Sunil Dutt
Tarlok Singh Chauhan
Satyen Vaidya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
