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2021 Supreme(HP) 526

TARLOK SINGH CHAUHAN, SATYEN VAIDYA
Badal Chauhan, S/o Atma Ram Chauhan – Appellant
Versus
State of Himachal Pradesh, Through Secretary (PWD) – Respondent


Advocate Appeared:
For the Petitioner:Sh. Shrawan Dogra, Senior Advocate With Mr. Harsh Kalta And Mr. Deepak Sharma, Advocates
For the Respondent:Mr. Ashok Sharma, A.G. With Mr. Rajinder Dogra, Sr. Addl. A.G. With Mr. Vinod Thakur, Addl. A.G. Mr. Bhupidner Thakur, Dy.A.G And Mr. Sanjeev Kumar Motta, Advocate

ORDER :

Satyen Vaidya, J.

Since common question of law and facts are involved in both these petitions, therefore, the same are being decided by a common judgment. The only distinguishing fact in CWP 4902 of 2021 is that the petitioner in said case though had cleared the cut off criteria but had not been offered the appointment. To maintain clarity, facts in CWP 6315 of 2021 are being taken into consideration.

2. The Himachal Pradesh Staff Selection Commission (in short “HPSSC”) vide Advertisement No. 34-1/2018 dated 27.06.2018 invited applications from eligible candidates for various posts in different Departments/Boards/Corporations of Government of Himachal Pradesh, including 123 posts of Junior Engineer (Civil) [for short “JE(C)”] in Himachal Pradesh Public Works Department (for short, “HPPWD”) against post Code No. 695. The number of declared vacancies were later increased to 125.

3. Government of Himachal Pradesh has framed Recruitment and Promotion Rules for the post of J.E (C), Class-III, Non-Gazetted in HPPWD (for short, “R&P Rules”). The essential qualifications for the post of J.E (C), as per R&P Rules, are as under : -

    “Essential Qualifications:

(i) Should have passed matricul

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