Ankita Thakur vs H. P. Staff Selection Commission

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1121

HRISHIKESH ROY, MANOJ MISRA
Ankita Thakur – Appellant
Versus
H. P. Staff Selection Commission – Respondent

Advocates appeared:
For the Petitioner(s): Ms. Vandana Sehgal, AOR Ms. Kaveeta Wadia, Adv. Ms. Astha Sharma, AOR Mr. Srisatya Mohanty, Adv. Ms. Anju Thomas, Adv. Mr. Sanjeev Kaushik, Adv. Ms. Mantika Haryani, Adv. Mr. Shreyas Awasthi, Adv. Mr. Himanshu Chakravarty, Adv. Ms. Ripul Swati Kumari, Adv. Mr. Bhanu Mishra, Adv. Ms. Muskan Surana, Adv. Ms. Anvita Dwivedi, Adv. Ms. Lihzu Shiney Konyak, Adv. Ms. Kaveeta Wadia, Adv. Ms. Nidhi Mohan Parashar, AOR Mr. Vikrant Kumar, Adv.
For the Respondent(s): Mr. Abhinav Mukerji, AOR Mr. Vinod Sharma, AOR Mr. Vivek Narayan Sharma, AOR Ms. Laksha Bhavnani, Adv. Mrs. Mahima Bharadwaj Kalucha, Adv. Mr. Rajeev Kumar Jha, Adv. Mr. Sudhanshu Khandelwal, Adv. Mr. Pranshu Kaushal, Adv. Mr. Shubham Singh, Adv. Mr. Dinesh Sharma, Adv. Mr. Rameshwar Prasad Goyal, AOR Mr. Tarun Gupta, AOR Mr. Raj Sudhakar Yadav, Adv. Mr. Atul Kumar, Adv. Mr. Abhishek Sharma, Adv. Mr. Manoj Rajpoot, Adv. Mr. Vikrant, Adv. Ms. Rajani Ohri Lal, AOR Mr. Yaduinder Lal, Adv.

JUDGMENT :

MANOJ MISRA, J.

1. Leave granted.

2. All these appeals are directed against a common judgment and order¹[Order dated 31.12.2021] of the High Court²[High Court of Himachal Pradesh] disposing of a batch of writ petitions as well as intra-court appeals concerning recruitment on the post of Junior Office Assistant³[JOA], a Class III (Non-gazetted) post, under the Government of Himachal Pradesh⁴[Govt.]. There being a commonality of law and facts concerning these appeals, they are being decided by a common judgment.

Factual Matrix

3. As these appeals arise from multiple proceedings, a disclosure of relevant facts in a chronological order would be apposite. These facts are set out below:

(A) On 24.12.2014, Himachal Pradesh, Department of Personnel, Junior Office Assistant (Information Technology), Class-III, (Non-Gazetted), Ministerial Services, Common Recruitment and Promotion Rules, 2014⁵[2014 Rules], framed under the proviso to Article 309 of the Constitution of India⁶[Constitution], were notified with a view to have common recruitment and promotion rules for the post of JOA in various departments of the Government. Relevant provisions of the 2014 Rules are detailed below:

(1) Ru

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2023 Supreme(SC) 1121

HRISHIKESH ROY, MANOJ MISRAAnkita Thakur – AppellantVersusH. P. Staff Selection Commission – Respondent

Cases Referred (16)

HRISHIKESH ROY, MANOJ MISRA
Ankita Thakur – Appellant
Versus
H. P. Staff Selection Commission – Respondent