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Nirmala Devi and Others v. the State of Hp and Others

Himachal Pradesh HC15 Sept 2025CWP/13481/2025

Case brief

AI extract

What is this about?

Himachal Pradesh High Court, CWP No.13481 of 2025, decided 15.09.2025 by Justice Sandeep Sharma: autonomous Sardar Patel University, Mandi directed to forthwith declare result of JOA(IT) contractual recruitment under Advertisement No.07/2022 dated 07.09.2022 (examination 20.10.2022; 7640 candidates); Court holds State Government has no role in declaring result and University need not obtain prior State permission; result kept in abeyance by Government letters dated 12.12.2022 and 26.12.2022; certiorari and mandamus sought by candidate-petitioners.

What did the court decide?

Direction to respondent No.3 (Sardar Patel University, Mandi) to declare forthwith the result of the JOA(IT) recruitment conducted pursuant to advertisement dated 07.09.2022; pending miscellaneous applications, if any, stand disposed of. ¶24

Nirmala Devi and Others Vs the State of Hp and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of certiorari should issue quashing the impugned letter dated 12.12.2022 of the Chief Secretary to all Principal Secretaries and the subsequent letter dated 26.12.2022 of the Principal Secretary (Education) to the Registrar of the University. +2 more

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Ratio / Principle

This Court holds that the State Government has no role whatsoever to play in the matter of declaring the result of the examination conducted by the autonomous University.

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Key takeaways

Since the examination for filling up the posts of JOA(IT) was conducted by respondent No.3/University, being an autonomous body, there was no occasion for the University to seek prior permission of the State Government to declare the result.ratio¶23
The present petition is disposed of with the direction to respondent No.3/University to declare forthwith the result of the JOA(IT) examination conducted pursuant to advertisement dated 07.09.2022; pending miscellaneous applications, if any, also stand disposed of.ratio¶24

Detailed headnote1 paragraphs

Writ petition (CWP No.13481 of 2025) by Nirmala Devi and other aspirants for 25 posts of JOA(IT) on contract basis in Sardar Patel University, Mandi (Advertisement No.07/2022 dated 07.09.2022; examination held 20.10.2022; 7640 candidates applied), seeking quashing of letters dated 12.12.2022 and 26.12.2022 and declaration of the withheld result. Held (Sandeep Sharma, J., oral): the University being an autonomous body, there was no occasion for it to seek prior permission of the State Government to declare the result; the State Government has no role whatsoever to play in the matter; the result stood prepared but was kept in abeyance vide letter dated 26.12.2022 issued by the Government of Himachal Pradesh despite sixteen communications from the University seeking permission to declare it. Petition disposed of with direction to the University to declare the result of JOA(IT) forthwith; pending miscellaneous applications also disposed of. Decision dated 15.09.2025.

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2025:HHC:31496

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No.13481 of 2025 Date of Decision: 15.09.2025

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__________________________________________________________ Nirmala Devi and Others …….Petitioners Versus State of H.P. and Another ….Respondents _________________________________________________________ Coram:_

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Hon’ble Mr. Justice Sandeep Sharma, Judge.

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Whether approved for reporting?¹

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For the Petitioners: Mr. Abhimanyu Rathor, Advocate. For the Respondents : Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State.

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Ms. Archna Dutt, Advocate, for the respondent No.3.

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Sandeep Sharma, Judge (oral):

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By way of instant petition, petitioners have prayed for

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following main reliefs:

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“i) Issue a writ of certiorari to quash and set aside the impugned letter dated 12.12.2022 from respondent Chief Secretary to all Principal Secretaries and the subsequent letter dated 26.12.2022 from respondent Principal Secretary (Education) to the respondent Registrar of the University thereof; ii) Issue a writ of mandamus directing respondent no.3 to complete the recruitment process conducted under AdvertisementNo.07/2022 dated 07-09-2022 for the 25 posts of JOA(IT) on contract basis in Sardar Patel University, Mandi, and grant appointment to selected candidates in accordance with law, as expeditiously as possible, in the interest of justice;”

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1 Whether the reporters of the local papers may be allowed to see the judgment?

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2025:HHC:31496

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Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Abhimanyu Rathor, learned counsel representing the petitioner is that pursuant to advertisement dated 07.09.2022, selection process was initiated for 25 posts of JOA(IT) on contract basis in Sardar Patel University, Mandi, but till date, result has not been declared.

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Having taken note of aforesaid grouse of the petitioner, this Court passed the order dated 22.08.2025, which reads as under:

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“Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Abhimanyu Rathor, learned counsel representing the petitioner, is that though pursuant to Advertisement No.7/2022 dated 07.09.2022, selection process was initiated for recruitment of 25 posts of JOA (IT) on contract basis in Sardar Patel University, Mandi, but till date result has not be declared. Learned counsel representing the respondent/University prays for and is granted one week’s time to file short reply or have instructions. List on 12.09.2025.”

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During proceedings of the case, learned counsel representing the respondent No.3/University has filed reply, which is taken on record. No reply has been filed by respondents/State, rather communication dated 11.09.2025, issued under the signatures of Under Secretary (Education) to the Government of Himachal Pradesh, has been placed on record through Mr. Vishal Panwar, learned Additional Advocate General, to state that matter may be adjourned for some time, enabling competent authority to take final decision. However, having taken note of the fact that examination in question was conducted by

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2025:HHC:31496

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Sardar Patel University, Mandi, which is an autonomous body, coupled with the fact that as many as 16 communications came to be issued by respondent No.3/University to State Government, seeking therein permission to declare the result, this Court sees no reason to grant further time, moreover, this Court is of the view that State Government has no role, whatsoever, to play in the matter.

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Once examination for filling up the posts of JOA(IT) was conducted by respondent No.3/University, being an autonomous body, there is otherwise no occasion, if any, for respondent No.3/University to seek prior permission of the State Government to declare the result. Advertisement in the case at hand was issued on 07.09.2022 and thereafter examination was conducted on 20.10.2022, in which 7640 candidates (both male and female) applied. As per reply of respondent No.3/University, result stands prepared and the same can be declared, however, it has been kept in abeyance vide letter dated 26.12.2022, issued by the Government of Himachal Pradesh. Thousands of candidates, who had applied for the post in question, have been eagerly waiting for their result. More than three years are likely to expire after conclusion of test, but till date, for no cogent and convincing reason, result is not being declared.

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