Point of Law: Article 16 of Constitution of India talks about equality of opportunity in matters of public employment.

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 the petitioners was not considered, they approached the erstwhile HP State Administrative Tribunal by way of OA Nos. 2263, 2448 and 2265 of 2017, which now on account of abolishment of the Tribunal stand transferred to this Court, praying therein for following main reliefs :

“(i) That the impugned decision reflected in letter dated 16.08.2004, Annexure A-5 whereby for appointment to class-III and class-IV posts in the areas specified therein has been restricted to “local candidates” of such areas may kindly be quashed and set aside:

(ii) That the letter dated 16.08.2004, Annexure A-5, may kindly be quashed and set aside being ultra-vires the provisions of Articles 14, 16 and 335 of the Constitution of India.

(iii) That the impugned action of respondent No.4 of considering the applicant ineligible on the basis of Annexure A-5 on the ground that he is not a local candidate, may also be quashed and set aside and the respondent department may be directed to offer appointment to the applicant to the post of Drawing Master reserved for SC (UR) from 06.03.2017, the date from which appointment has been offered to private respondent pursuant to same selection process, with all consequential benefits.

(iv) That if it becomes necessary to quash the appointment of private respondent made vide order dated 6.3.2017, Annexure A-4/A, in order to offer appointment to the applicant, in that event appointment order of private respondent at Annexure A-4/A may also be quashed and set aside.”

4. Pursuant to notices issued in the instant proceedings, respondents have filed reply, wherein though it has been not disputed that at the time of interview, petitioners were having prescribed educational qualification for being appointed against the posts in question, however, they have claimed that in terms of instructions dated 16.8.2004, petitioners being not resident of Kinnaur area, could not be offered appointment against the posts in question. It has been stated in the reply that as per instructions dated 16.8.2004, Class-III and Class-IV posts in district cadres are to be filled up amongst the local residents of the District Kinnaur.

5. Mr. Dilip Sharma, learned Senior Counsel, appearing for the petitioners, vehemently argued that though careful perusal of instructions dated 16.8.2004 sought to be relied by the respondent-State are not legally sustainable, but even otherwise bare perusal of same nowhere suggest that all posts of class-III and IV category are to be filled up from amongst the candidates belonging to the district Kinnaur. He submitted that even otherwise, aforesaid instructions if permitted to sustain, would amount to 100% reservation to the local population of District Kinnaur, which is not permissible under the law. While inviting attention of this Court to the prov