Dismissed¶5

Sahil Sharma v. the State of Hp and Others

Himachal Pradesh HC13 May 2026CWPIL/26/2026

Case brief

AI extract

What is this about?

Sahil Sharma v. State of H.P.; CWPIL No. 26 of 2026; Himachal Pradesh HC Shimla; PIL dismissed 13.05.2026; no public interest involved; compassionate appointment challenged; Secretary, Swana Cooperative Agriculture Service Society Ltd; Rule 24 Approved Service Rules 2001; H.P. Cooperative Societies; earlier CWP 14304 of 2025 withdrawn 06.10.2025; statutory remedy; Assistant Registrar report 22.03.2025; G.S. Sandhawalia Chief Justice; Bipin Chander Negi Judge; standing/private grievance; liberty to approach competent court.

What did the court decide?

None; petition dismissed with pending miscellaneous applications disposed of, the Court having indicated that the aggrieved person may initiate appropriate proceedings before the Court of competent jurisdiction. ¶5

Sahil Sharma Vs the State of Hp and Others — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether this Public Interest Litigation challenging the compassionate-ground appointment of respondent No. 4 as Secretary of Swana Cooperative Agriculture Service Society Ltd involves a public interest capable of redress through a writ petition, or is merely a private grievance requiring resort to other forums.

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Court's answer

No public interest is involved, as the matter pertains to the appointment of the private respondent on compassionate grounds; accordingly the PIL fails on the question of public interest.

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Ratio / Principle

The aggrieved person, if so advised, may exercise his remedy by initiating appropriate proceedings before the Court of competent jurisdiction (including the statutory remedy indicated by the State).

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Detailed headnote1 paragraphs

Public Interest Litigation (CWPIL No. 26 of 2026, High Court of Himachal Pradesh, Shimla; decided 13.05.2026) by Sahil Sharma challenging the appointment of respondent No. 4 as Secretary of Swana Cooperative Agriculture Service Society Ltd on compassionate grounds (order dated 05.09.2023, Annexure P-8; approval by Additional Registrar under Rule 24 of the Approved Service Rules, 2001) — DISMISSED by the Division Bench of G.S. Sandhawalia, Chief Justice (author, orally) and Bipin Chander Negi, Judge. Held that no public interest is involved as the matter pertains to a private respondent's compassionate appointment; the petitioner's earlier writ (CWP No. 14304 of 2025) had already been dismissed as withdrawn on 06.10.2025 with liberty to file afresh, a statutory remedy under the Act was available, and an Assistant Registrar had reported on the petitioner's complaint (22.03.2025, Annexure P-11); the aggrieved person was left free to initiate appropriate proceedings before the Court of competent jurisdiction.

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( 2026:HHC:17114

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWPIL No. 26 of 2026 Decided on : 13.05.2026

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Sahil Sharma ...Petitioner

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Versus

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State of H.P. and others

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…Respondents.

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Coram

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Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. Hon’ble Mr. Justice Bipin Chander Negi, Judge.

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Whether approved for reporting?¹

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For the petitioner: Mr. Mohar Singh, Advocate. For the respondents : Mr. Varun Chandel, Additional Advocate General.

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G.S. Sandhawalia, Chief Justice (Oral)

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The present Public Interest Litigation raises challenge to the appointment of respondent No. 4, as Secretary at Swana Cooperative Agriculture Service Society limited. A perusal of the order dated 05.09.2023 (Annexure P-8) goes on to show that respondent No. 4 was appointed on compassionate grounds, as his father, who was working as a Secretary in The Swana Agriculture Service Cooperative Society, had passed away. Thereafter, a resolution was passed in his favour, and the Additional Registrar granted approval for his appointment while exercising powers

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

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-2-

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under Rule 24 of the Approved Service Rules, 2001 applicable to

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the employees of H.P. Cooperative Societies.

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It has been brought to our notice that, on an earlier occasion, the petitioner had filed CWP No. 14304 of 2025 titled Sahil Sharma vs. State of H.P. and others , which was decided on 06.10.2025, wherein the learned Single Judge chose not to interfere on the ground that the appointment was on compassionate basis and that the present petitioner had no enforceable or vested right so as to challenge the said appointment. The order dated 06^th October, 2025 (Annexure P-13) reads as follows:-

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“The petitioner seeks to assail employment given to respondent No.4 on compassionate ground.

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2. After arguing the matter for some time, learned counsel for the petitioner submits that the petitioner himself is not in line to secure the employment on compassionate ground in the respondent-cooperative society, therefore, he be permitted to withdraw the present writ petition with liberty to file afresh, in accordance with applicable procedure.

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3. Granting such permission, the present petition is dismissed as withdrawn.Pending miscellaneous application(s), if any, also to stand disposed of.’

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3. Counsel for the State has also brought to our notice

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that a statutory remedy is available under the Act and that the matter had also been considered on the basis of a report submitted by the Assistant Registrar on the complaint made by the petitioner

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(Annexure P-11) dated 22.03.2025.

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-3-

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In such circumstances, we are of the considered

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opinion that no public interest is involved, as the matter pertains to the appointment of the private respondent on compassionate grounds. The aggrieved person, if so advised, may exercise his remedy by initiating appropriate proceedings before the Court of competent jurisdiction, as no public interest, as such, is involved in the present case.

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In view thereof, the present petition is dismissed. Pending miscellaneous applications, if any, shall also stand disposed of.

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(G.S. Sandhawalia) Chief Justice

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13^th May, 2026 (Tarun)

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(Bipin Chander Negi) Judge

Sahil Sharma v. the State of Hp and Others

Case brief

What is this about?

What did the court decide?

Sahil Sharma v. the State of Hp and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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