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2022 Supreme(HP) 202

MOHAMMAD RAFIQ, SANDEEP SHARMA
Sunita Sharma, D/o. Late Sh. B. K. Sharma – Appellant
Versus
State of Himachal Pradesh, Through Additional Chief Secretary (MPP) to the Government of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sanjeev Bhushan, Senior Advocate with Mr. Rakesh Chauhan.
For the Respondents:Mr. Ashok Sharma, Advocate General with Mr. Nand Lal Thakur, Additional Advocate General, Mr. N.K. Sood, Senior Advocate with Mr. Aman Sood, Mr. Bimal Gupta, Senior Advocate with Mr. Satish Sharma and Mr. Gurinder Singh.

ORDER :

Since both the petitions have been filed by the same petitioner and same and similar questions of facts are involved therein, therefore, both were being heard together and are being disposed of vide this common order.

2. In CWP No.3598 of 2020 petitioner has laid challenge upon the selection and appointment and in CWP 4399 of 2021 upon the joining of Mr.Yashwant Singh Chogal who is respondent No.2 and 3 respectively in both the petitions.

3. Being aggrieved and dissatisfied with the action of respondents No.1 and 2 in CWP 4399 of 2021 inasmuch as they accepted the joining of respondent No.3 to the post of Member (Law) of Himachal Pradesh Electricity Regulatory Commission (hereinafter referred to as the ‘HPERC’) after inordinate delay, petitioner, who also participated in the selection process and was at Serial No.3 in the merit list, has approached this Court in the instant proceedings under Article 226 of the Constitution of India praying therein for the following main relief(s) made in CWP No.4399 of 2021 as well as in CWP No.3598 of 2020:-

    CWP 4399 of 2021:-

“(i) That a

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