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2021 Supreme(HP) 636

TARLOK SINGH CHAUHAN, SATYEN VAIDYA
Vinod Kumar, S/o. Late Shri Desh Raj – Appellant
Versus
State of Himachal Pradesh, Through Secretary Education to the Government of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Sh. Kush Sharma.
For the Respondents: Mr. Ashok Sharma, A.G. Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Mr. Hemanshu Misra, Addl. A.Gs and Mr. Bhupinder Thakur, Dy. A.G., Mr. B. Nandan Vashisth, Mr. Sanjeev Kumar Motta.

ORDER :

All these writ petitions present two sets of claims for adjudication. Such claims, though juxtaposed, involve common questions of facts and law, therefore, are being decided together by a common judgment. First set consists of claims in CWPOA No. 6251 of 2020 (OA 247 of 2019 filed before erstwhile H.P. State Administrative Tribunal) along with CWP Nos. 426, 756, 1052, 1053, 1055, 1079, 1097, 1136, 1204, 1212, 1221 and 1350 of 2021 (for short, “first set”) and the Second set includes claims in CWPOA No. 132 of 2019 and CWP No. 3197 of 2020 (for short, “second set”).

2. Himachal Pradesh Staff Selection Commission (for short, “HPSSC”) issued advertisement dated 19.12.2018 (for short, “advertisement”) and thereby invited applications from eligible candidates for selection to the posts of Junior Basic Teachers, Class-III, Non-Gazetted (for short, “JBTs”) in Elementary Education Department, Government of Himachal Pradesh. The advertisement triggered the dispute that primarily relates to necessary qualification for the post of JBTs and as a consequence thereof all the above noted petitions came to be filed.

3. The petitions in first set have been filed on the grounds that the petitio

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