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2023 Supreme(HP) 190

SANDEEP SHARMA
Amit Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner:Mr. Dilip Sharma Senior Advocate with Mr. Manish Sharma.
For the Respondents:Mr. Anup Rattan, Advocate General, with Mr. Rajan Kahol and Mr. Vishal Panwar, Additional Advocates General and Mr. Rahul Thakur, Deputy Advocate General.

JUDGMENT :

Sandeep Sharma, J.

Since common facts as well as issues are involved in the above captioned cases, same were heard together and are now being disposed of vide common judgment.

2. For having bird’s eye view, facts shorn of unnecessary details but relevant for adjudication of cases at hand are that Deputy Director, Elementary Education, Reckong Peo, District Kinnaur, with a view to fill up the posts of Drawing Master, PET and Shastri on batch wise basis sent communication dated 14.10.2016 (Annexure A-4 in all the petitions) to the petitioners asking them to come present for interview against the post(s) reserved for Scheduled Caste (Unreserved) in Kinnaur District. Though pursuant to aforesaid interview letters, petitioners appeared in the interview, but their candidature was not considered for appointment in light of instructions contained in notification No. PLG-F (TDM) 35-1/05 dated 16.8.2004 issued by the Government of Himachal Pradesh Department of Tribal Development, as is evident from mark list of interview placed on record as Annexure A-6 in the respective petitions.

3. Since despite being fully qualified to be appointed against the posts in question, candidature of th

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