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2021 Supreme(HP) 321

TARLOK SINGH CHAUHAN, SATYEN VAIDYA
Varun Dhiman – Appellant
Versus
State Of H P & Ors. – Respondent


Advocates appeared:
Sanjay Jaswal, Advocate, Ajay Vaidya, Advocate, Sanjeev Kumar Motta, Advocate

JUDGMENT

Tarlok Singh Chauhan, J. - The instant petition has been filed for grant of the following substantive relief:

"that the writ in the nature of mandamus may kindly be issued, thereby directing the respondent No.2 to requisition the name of the petitioner being Sr. No. 6 in the merit wise waiting panel prepared for the post of Lab Assistant (Allopathy) against OBC (UR) category (Annexure P/4) and respondent No.3 also be directed to sponsor his name for the said post as the post is lying vacant after non-joining of the Serial No.5 candidate of waiting panel against the said post, with further direction to respondent No.2 to appoint the petitioner against the post of Lab Assistant (Allopathy) on contract basis, OBC (UR) Post Code 654."

2. On 4.9.2017, respondent No.2, i.e. Director, Health & Family Welfare sent a requisition to respondent No.3, Himachal Pradesh Staff Selection Commission,Hamirpur, for filling up of vacant posts of Laboratory Assistant. Pursuant to such requisition, respondent No.3 recommended 102 candidates, who eventually were offered appointment on 21.6.2019. However, out of these 102 candidates, 22 candidates did not join and consequently, their appointment or

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