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2021 Supreme(HP) 794

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
TARLOK SINGH CHAUHAN, SANDEEP SHARMA, JJ.
MEENAKSHI DAUGHTER OF SHRI PRITAM SINGH - Appellant
Vs.
STATE OF HIMACHAL PRADESH & ORS. - Respondent
CWP NOS. 1730 OF 2014, 2120, 3319, 4498 AND 5871 OF 2014 AND CWP NO. 2933 OF 2016
Decided On : 20-09-2021

Advocate Appeared:
For the Appellant :MR. SUNIL MOHAN GOEL, ADVOCATE AND MR. SUNEET GOEL, ADVOCATE
For the Respondent:MR ASHOK SHARMA, ADVOCATE GENERAL WITH MR. VINOD THAKUR, MR. VIKAS RATHORE, MR. HEMANSHU MISRA, MR. SHIV PAL MANHANS, ADDITIONAL ADVOCATES GENERAL AND MR. BHUPINDER THAKUR, DEPUTY ADVOCATE GENERAL, MR. VIKRANT THAKUR, MR. V.S. CHAUHAN, SENIOR ADVOCATE WITH MS. SHALINI THAKUR, MR. ASHWANI K. SHARMA, SENIOR ADVOCATE WITH MR. ISHAN SHARMA, MR. NIMISH GUPTA, MR. HAMENDER SINGH CHANDEL, ADVOCATE

Headnote:

Right to Information Act, 2005 - Appointment to posts of Civil Judges - Issue raised in all above captioned writ petitions pertains to appointment to posts of Civil Judges (Junior Division), in State of Himachal Pradesh, pursuant to advertisement, whereby Himachal Pradesh Public Service Commission invited applications from eligible candidates for filling up 08 vacancies of Civil Judges (Junior Division) in Himachal Pradesh Judicial Services and all petitioners are aggrieved of their non-selection to aforesaid posts, as such, these petitions were tagged and heard together and are being disposed of vide this common judgment - Whether vacancies, if any occurred in a particular year during subsistence of ongoing selection process pursuant to advertisement inviting applications for filling up 06 existing vacancies and 02 anticipated vacancies of Civil Judges (Junior Division), could be filled up from amongst candidates borne on Select List prepared on basis of merit drawn in ongoing selection process – Held, court wishes to observe that an anomalous situation has arisen only on account of non-application of mind on part of Commission, which on receipt of requisition for three more posts from respondent No.1, ought to have adopted selection process as per its Rules of Business and ought not have straightway recommended names of respondents Nos. 4 and 6 for appointment to posts in question, especially when it was in its knowledge that these three posts had never been advertised and no selection process qua such posts had ever taken place - Since Himachal Pradesh Public Service Commission is a specialist agency established only for purpose of recruitment to public posts under State Government, it is expected to work in accordance with law, rules etc - Though there is nothing on record suggestive of fact that any mala fides were behind selection of respondents Nos. 4 and 6, but definitely, omission on the part of Commission gives rise to apprehension that such procedure can become a handle in hands of recruiting agency to favour one, to detriment of another - Since this court is convinced that respondent No.2-Public Service Commission is solely responsible for this illegality in appointment of respondents Nos. 4 and 6, a word of caution is put to said respondent to be careful in future in such matters - Needless to say, vacancies so arising due to quashment of appointments of respondents No. 4 and 6, , shall be considered vacancies of year 2021 and same shall be filled in accordingly, in accordance with law/Rules - Petitions stand disposed of.

ORDER :

Precise question, which has fallen for determination in the cases at hand is that, “whether the vacancies, if any occurred in a particular year during the subsistence of the ongoing selection process pursuant to the advertisement inviting applications for filling up 06 existing vacancies and 02 anticipated vacancies of Civil Judges (Junior Division), could be filled up from amongst the candidates borne on Select List prepared on the basis of merit drawn in the ongoing selection process?”

2. Since the issue raised in all the above captioned writ petitions pertains to appointment to the posts of Civil Judges (Junior Division), in the State of Himachal Pradesh, pursuant to advertisement dated 1.2.2013, whereby Himachal Pradesh Public Service Commission invited applications from eligible candidates for filling up 08 vacancies of Civil Judges (Junior Division) in Himachal Pradesh Judicial Services and all the petitioners are aggrieved of their non-selection to the aforesaid posts, as such, these petitions were tagged and heard together and are being disposed of vide this common judgment.

3. For having bird’s eye view of the matter and for the sake of brevity, facts and annexures of CWP No. 1730 of 2014, are being discussed herein. Himachal Pradesh Public Service Commission (hereinafter, ‘Commission’) vide advertisement No. VII/2012 dated 1.2.2013 (Annexure P2) invited applications from eligible candidates for Himachal Pradesh Judicial Services against the posts of Civil Judge (Junior Division). Vide aforesaid advertisement, 08 vacancies of Civil Judges (Junior Division) came to be advertised under two categories as under:

Sr. No.

Vacancies

Number of Posts

1.

Existing number of vacancies

=06 (OBC-02, SC-01, ST-02 & UR-01)

2.

Anticipated vacancies for the next one year

=02 (UR-02)

 

Total

=08 vacancies

4. All the petitioners pursuant to aforesaid advertisement applied for the posts and they all being eligible, were permitted to participate in the preliminary examination. Preliminary examination was held on 12.5.2013 and result thereof was declared on 15.6.2013. All the petitioners after having cleared preliminary examination, were permitted to participate in main examination held with effect from 15th to 18th July, 2013. Vide press note (Annexure P-3 of CWP No. 5871 of 2014), candidates with following roll numbers were declared qualified in the main examination

CATEGORY : GENERAL (03 POSTS)

1003

1025

1064

1076

1093

1107

1126

1129

1175

1199

1238

1250

1299

1319

1350

1369

1400

1415

1432

1495

1520

1540

1636

1708

1723

2054

2070

2099

2131

2216

(30 Candidates)

 

CATEGORY: SCHEDULED CASTE(01) POSTS

1113

1236

1366

1386

1418

1597

1673

1751

2006

2119

(10 Candidates)

 

CATEGORY: SCHEDULED TRIBE (02) POSTS

1009

1057

109

1139

1144

1190

1340

1374

1477

1490

1498

1518

1526

1642

1651

1670

1715

1742

2096

2185

(20 Candidates)

 

CATEGORY: O.B.C. (02) POSTS

1015

1143

1187

1365

1419

1431

1440

1510

1613

1700

2005

2058

2062

2075

2098

2109

2111

2138

2172

2220

(20 Candidates)

5. Since three posts were meant for general category, 09 candidates as per their merit were called for interview whereas, under SC, ST and OBC categories, since number of candidates qualifying the main examination was equal to the number of posts available, they all were called for the interview held on 7th and 8th October, 2013. Following candidates were finally selected in the aforesaid interview, as per Press note (Annexure P-5):

Sr. No.

Roll No.

Name of the candidate

Category

Clear Cut Vacancies

1.

1025

Ms. Anshu Chaudhary

General

2.

2006

Sh. Nishant Verma

Sch. Caste

3.

1670

Ms. Pratibha Negi

Sc

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