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2023 Supreme(HP) 174

TARLOK SINGH CHAUHAN, VIRENDER SINGH
Ram Lok – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ashok Sharma, Sr. Advocate with Ms. Anubhuti Sharma, Advocate.
For the Respondents: Mr. Anup Rattan, A.G. with Mr. I. N. Mehta, Y. W. Chauhan, Sr. Addl. A.Gs., Mr. Ramakant Sharma, Addl. A.G., Ms. Priyanka Chauhan, Dy.A.G. & Mr. Rajat Chauhan, Law Officer

JUDGMENT :

Tarlok Singh Chauhan, J

The instant petition has been filed for grant of following substantive reliefs:

    “(i) that the impugned order dated 12.12.2022 and consequential notifications Annexure P4 & P5 may kindly be quashed.

(ii) that all other consequential actions taken on the basis of impugned Annexure P4 & Annexure P5 may also be ordered to be quashed as once the foundation goes the superstructure is liable to fall.”

2. Briefly, the facts of the instant case are that vide notification dated 20.4.2016, the State of Himachal Pradesh set up the Commission, namely “The Himachal Pradesh State Commission for Scheduled Castes” (fort short, the Commission) in compliance to the judgment passed by the Hon’ble Supreme Court in Indra Sawhney vs. Union of India.

3. The Commission was to consist of four Members, including the Chairperson. The Chairperson was to be an eminent person belonging to Scheduled Castes having wide experience in social life. Not more than three Non-Official members belonging to the Scheduled Castes were to be appointed by the Government from amongst the persons of ability, integrity and standing having special knowledge in matters relating to scheduled castes. It

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