IMPORTANT POINT
The main legal point established in the judgment is that the experience certificate should be considered valid, and the decision not to award marks for the petitioner's experience was not sustainable.

JUDGMENT :

Sandeep Sharma, J.

The most question, which arises for determination in the case at hand is “whether experience certificate (Annexure P­9) issued by Principal Govt. Senior Secondary School, Barian, District Solan. whereby, it came to be certified that petitioner herein worked as Language Teacher in Govt. Senior Secondary School, Barian on voluntary basis, without conducting interview w.e.f. 06.09.2012 to 01.01.2019 could be ignored by HP Staff Selection Commission, Hamirpur, while considering the candidature of the petitioner for the post of Language Teacher on the ground that services were rendered by the petitioner during afore period on voluntary basis.

2. For having birds eye view of the matter, facts relevant for the adjudication of case are that on 18.06.2020 respondent No.3 issued advertisement No.36­2 of 2020 for filling up the post of Language Teacher (Annexure P2) under post Code No.814. In total, 11 posts of Language Teacher (on contract basis) in the pay scale Rs.10,300/­ ­ 34,800/­ + 3200 Grade Pay came to be advertised vide advertisement, out of which 6 were reserved for General category/unreserved, EWS­01, SC(UR)­03, OBC(UR). Petitioner being fully eligible submitted her application on the prescribed format, which was duly considered by respondent No.3, but the fact remains that petitioner, despite having secured 61.12 marks, failed to qualify. Since respondent commissioned refused to accept experience certificate submitted by petitioner at the time of interview, as a result thereof, 2.5 marks, for which petitioner was entitled to, were not awarded, petitioner has approached this Court in instant proceedings filed under Article 226 Constitution of India praying therein for the following main relief :

That respondent No.3 may be directed to provide 2.5 marks of experience to the petitioner and thereafter re­draw the select list of the candidates for the post of Language Teachers.

3. It is not in dispute that vide Notification dated 17.04.2017 (Annexure P1), issued by Government of Himachal Pradesh, Department of Personnel, Appointment­II discontinued the process to hold interview in respect of direct recruitment for making recommendations of Class III and Clause IV employees and fixed certain parameters, thereby detailing marks to be given to the candidates on the basis of their qualifications as well as experience. As per clause XI 2.5 aforesaid notification Clause (XI), 2.5 marks are/were to be awarded for experience up to maximum 5 years in Government/Semi­Government organization relating to the post applied for.

4. Precisely the grouse of the petitioner as is highlighted in the petition and further canvassed by Sh. Onkar Jairath, learned counsel, representing the petitioner is that once petitioner had submitted certificate dated 29.04.2021, issued by Principal Govt. Senior Secondary School Barian, whereby it came to be certified that the petitioner has worked as a Language Teacher in the School concerned on voluntary basis w.e.f. 06.09.2012 to 01.01.2019, she ought to have been awarded 2.5 marks by the respondent No.3, while evaluating/verifying the documents, furnished by the petitioner, Mr. Okar Jairath, learned counsel for the petitioner submitted that had respondent No.3 awarded 2.5 marks to the petitioner on account of experience, she would have got 63.62 marks, which were higher than cut off marks at the relevant time, which has now been reduced to 61.15 marks. On account of non joining of certain selected candidates, posts were filled up from amongst the candidates from the waiting list.

5. Pursuant to notices, issued in the instant proceedings respondents have filed reply, wherein facts, as have been noticed hereinabove have not been disputed, and rather stand admitted. While fairly acknowledging the factum with regard to furnishing of certificate dated 29.04.2021, issued under the signature of Principal, Govt. School, Barian, it has been claimed on behalf of respondent­ commission that though th