IMPORTANT POINT
The main legal point established in the judgment is that the government cannot act arbitrarily in job appointments and must adhere to rational, relevant, and non-discriminatory standards, while also emphasizing the obligation of the government to act fairly and not nullify the selection process without valid reasons.

JUDGMENT :

Sandeep Sharma, J.

By way of instant petition filed under Article 226 of the Constitution of India, petitioners have prayed for the following main reliefs:

“(i) That a writ of mandamus directing the respondents to sponsor the names of the petitioners for appointment in pursuance to Annexure P­10 and as per rules ix of the respondent No. 3, may be issued.

(ii) That a time bound direction may be given to respondent No. 3 to send sponsor the name of the petitioners and the respondents No. 1 & 2 may be directed to consider the petitioners for appointment forthwith.”

2. Precisely, the facts of the case as emerge from the pleadings adduced on record are that on the basis of requisition sent by respondent No. 2, respondent No. 4 i.e. HP Staff Selection Commission, Hamirpur, initiated process for recruitment of 78 posts of Junior Office Assistant (Accounts) vide advertisement No.37­3/2021 dated 01.12.2021, whereby Online Recruitment Applications (ORA) from the desirous/eligible candidates for the direct recruitment of various posts including post of Junior Officer Assistant (Accounts) Post Code­932, came to be invited.

3. Petitioners herein being fully eligible, applied against the post in question, but were unable to find place in the select list. However, they were placed in waiting panel at serial No. 1 & 2 for the post of Junior Office Assistant (Accounts) Post Code­932. Since candidates figuring at serial No. 9, 17 and 63 i.e. Ms. Madhvi, Ms. Neha, did not attend the documentation process and Ms. Sapna, D/o Padam Singh, failed to join, petitioners herein vide communication dated 31.03.2023 requested Executive Director (Personnel) HP State Electricity Board as well as Chairman Himachal Pradesh Public Service Commission to fill up the unfilled seats by sponsoring the names of the candidates figuring in waiting list. Respondent/Electricity Board vide communication dated 11.05.2023 (Annexure P­10) requested the Secretary HP Public Service Commission to recommend the names from waiting panel, enabling it to fill up the balance three posts of JOA (Accounts), however, fact remains that no action was taken and as such, petitioner approached this Court in the instant proceedings, praying therein for the reliefs, as have been reproduced herein above.

4. Pursuant to notices issued in the instant proceedings, respondents No. 2 to 4 have filed reply, perusal whereof clearly reveals that facts as have been noticed herein above are not in dispute, rather stand admitted. Admittedly, petitioners herein, after their having participated in the selection process initiated by respondent No. 4 qua the post of JOA (Accounts), though were not able to find place in the final merit list, but their names figured at serial No. 1 & 2 in the waiting list, as is evident from Annexure P­4. It is also not in dispute that some of the selected candidates figuring at serial No. 9, 17 and 63 failed to join on one pretext or the other, as a result thereof, aforesaid three vacancies remained vacant. Since, petitioners were figuring in waiting list at serial No. 1 & 2, they approached Electricity Department as well as Public Service Commission for recommending their names, but fact remains that no action was taken, otherwise also it emerges from the record that before action, if any, pursuant to the request of petitioners could be taken, respondent No. 4 i.e. Staff Selection Commission came to be closed on account of serious complaints. However, work of afore office was then given to respondent No. 3.

5. Vide communication dated 11.05.2023, Executive Director (Personnel) HPSEBL apprised Secretary HP Public Service Commission that though office had issued appointment orders to 72 candidates, but two selected candidates failed to come present for documentation, as a result thereof, two posts are lying vacant and as such, names of two candidates from the waiting panel be recommended, enabling department to fill up the vacant posts. There is nothing on record suggestiv