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2023 Supreme(HP) 115

TARLOK SINGH CHAUHAN, VIRENDER SINGH
Manoj Kumar – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Meera Devi, Advocate.
For the Respondents: Mr. Anup Rattan, A. G., with Mr. Y.W. Chauhan, Sr. Addl. A.G. & Ms.Priyanka Chauhan, Dy. A.G..

JUDGMENT :

TARLOK SINGH CHAUHAN, J.

The petitioner has done Bachelor of Technology from J. K. Gujral Punjab Technical University Jalandhar. In response to the advertisement for the post of Trainer Engineering Drawing, the petitioner applied, but his application was rejected on the ground that essential qualification as per Recruitment & Promotion Rules for the post in question was 3 years diploma in Mechanical/Automobile/Production Engineering, whereas academic qualification of the petitioner, as stated above, was B.Tech. in mechanical engineering. Aggrieved by the said action of the respondents-State, the petitioner has filed the instant petition for grant of the following substantive relief:

    “That the impugned communication dated 3.1.2020 (Annexure P-4) as well as appointment orders dated 3.1.2020 (Annexure P-5) qua the post of Trainer Engineering Drawing may kindly be directed to offer appointment to the petitioner to the post of Trainer Engineering Drawing as the petitioner has qualified the entire selection process successfully in the interest of justice and fair play.”

2. According to the petitioner, the candidature of a person having higher qualification cannot be rejected as t

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