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2021 Supreme(HP) 149

AJAY MOHAN GOEL
Mohan Lal – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. L.N. Sharma, Advocate.
For the Respondents:M/s Sumesh Raj, Dinesh Thakur and Sanjeev Sood, Additional Advocate Generals with Ms. Divya Sood, Deputy Advocate General, Mr. N.K. Thakur, Sr. Advocate with Mr. Divya Raj Singh,
Advocate, Mr. Balvinder Singh, Advocate vice Mr. Dalip K. Sharma, Mr. Pawan Gautam, Advocate Mr. Sandeep K. Pandey, Advocate Mr. Avinash Jaryal, Advocate.

JUDGMENT :

AJAY MOHAN GOEL, J.

1. By way of this petition, the petitioner has prayed for the following reliefs:-

    “(i) That the impugned appointment order dated 12.1.2016(A-1) (Colly.) and impugned rejection dated 25.5.2016(A-5) may kindly quashed and set aside being contrary to law.

(ii) That the directions may kindly be issued to the respondents to offer appointment as driver to the applicant being more meritorious to respondents No. 3 and 4.

(iii) That any other writ, order or direction as this Hon’ble Court may deem just and proper in the facts and circumstances of the case may also be issued and justice be done.”

2. Brief facts necessary for the adjudication of the present petition are as under:-

In the year 2016, process was initiated by the respondent-department to fill up six posts of drivers. Out of the six posts so advertised, three posts were for open/General category, two posts were reserved for Scheduled Caste category and one post for Scheduled Tribe category. The petitioner before this Court is a candidate who belongs to Scheduled Caste category. His grievance is that appointment given to the selected candidates by the respondentdepartment is bad in law as the petitioner wh

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