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SATYEN VAIDYA
Raj Sharma S/o Late Shri Sita Ram Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
Headnote: Read headnote
JUDGMENT :
SATYEN VAIDYA, J.
Heard.
1. Both these petitions have been heard together and are being disposed of by a common judgment as identical questions of facts and law are involved.
2. Undisputed facts of the case are that respondent No. 2 held selection process for Himachal Pradesh Administrative Services through Himachal Pradesh Administrative Services etc. combined competitive examination. The advertisement was issued in December, 2000. Four posts of H.P. Administrative Services were advertised besides other posts in Allied categories. One out of the four posts of H.P. Administrative Services was reserved for Ex-servicemen (General) category.
3. On completion of selection process the merit list was drawn. One Shri Giri Raj Sharma was placed on top of the merit list under Ex-servicemen category. Respondent No. 2 recommended his name for the post of H.P. Administrative Services. On scrutiny of the documents of Shri Giri Raj Sh
It was not case of unfilled vacancies for want of suitable candidate as respondent No. 2 had prepared a combined merit list of Ex-servicemen candidates and since candidature stood rejected, merit of ....
The main legal point established in the judgment is the eligibility criteria for ex-servicemen under the Jammu & Kashmir Reservation Rules, 2005 and the inapplicability of the Ex-Servicemen (Re-emplo....
Proper adherence to ex-servicemen reservation criteria is crucial in public sector appointments, with the potential for supernumerary posts to accommodate deserving candidates.
An ex-serviceman on contract can seek nomination for another post reserved for ex-servicemen, as current employment does not constitute civil employment under applicable rules.
Eligibility for ex-servicemen posts must be assessed as of the last date of application submission, and selections made contrary to this principle are invalid.
The court affirmed that if suitable Ex-servicemen candidates are unavailable, posts should be filled by the next meritorious OC (G) candidates, upholding the principles of merit in recruitment.
The level of performance for Ex-serviceman candidates should not be affected by relaxation of standards.
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