The court held that the petitioner, ranking first on the waiting list, was entitled to the post after the selected candidate resigned. The appointment offered to another candidate was quashed.
Appointment of Respondent No.5 quashed; the petitioner was directed to be offered the post of Part Time Multi Task Worker.
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. 870 of 2023 Date of Decision: 04.07.2024
Amit .....Petitioner. Versus Additional District Magistrate & others …..Respondents.
Coram Hon'ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the petitioner: Mr. Rajiv Rai, Advocate. For the respondents: Mr. B.NSharma, Additional Advocate General, for respondents No. 1 to 3 & 6. Ms. Meera Devi, Advocate, for respondent No.5. Mr. Tulsi Ram, CHT-cum-BEEO and Mr. Suresh Kumar, Senior Assistant, BEEO, Kupvi, District Shimla, H.P. present in person.
Bipin Chander Negi, Judge (oral)
The post, in the case at hand, pertains to a Part Time Multi Task Worker for Government Primary School Mashot, Tehsil Kupvi, District Shimla, H.P. The same was advertised in June, 2022. Post completion of the Selection Process on 18.07.2022 one Devinder Singh was declared as selected candidate.
1 Whether reporters of Local Papers may be allowed to see the judgment?
2
selection of Devinder Singh pending adjudication before the learned Additional District Magistrate (L&O), Shimla on 31.12.2022, the present petitioner i.e. Amit agreed to withdraw the challenge laid to the appointment of Devinder Singh who had resigned in December, 2022. The withdrawal of the petition was subject to the condition that appointment be offered to the next candidate in the waiting list as is evident from Annexure P-1 i.e. order dated 31.12.2022.
3
However, it is made clear that respondent No.5 shall be at liberty in accordance with law to lay challenge to the appointment so offered to the present petitioner.
(Bipin Chander Negi) Judge
July 4, 2024 (Nisha)
2 issues framed by the court
Whether the petitioner, being first on the waiting list, is entitled to appointment following the resignation of the selected candidate.
Whether the appointment offered to the fifth candidate is lawful.
Amit
Additional District Magistrate
Devinder Singh
Respondent No.5
Bipin Chander Negi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
