Back
2025 Supreme(HP) 83
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Jyotsna Rewal Dua, J.
Manoj Sharma - Petitioner
Versus
State of H.P. & Ors. - Respondents
CWP No.8030 of 2022
Decided On : 02-04-2025
Advocate Appeared:
For the Petitioner:Mr. Amrick Singh, Advocate.
For the Respondent:Mr. Rajat Chaudhary, Assistant Advocate General, Mr. Rajender Thakur, Advocate
IMPORTANT POINT
Recruitment processes must adhere to established criteria without arbitrary changes during selection, ensuring transparency and non-discrimination.
Headnote:
(A) Recruitment & Promotion Rules - Evaluation Criteria - The petitioner challenged the denial of one mark for Bharat Scouts & Guides Certificates in the selection process for Shastri posts. The court found that the evaluation criteria were clearly stated in the advertisement and uniformly applied. The petitioner's certificates did not meet the eligibility for marks as per the guidelines. (Paras 2 , 3 , 4 , 5 )
(B) Legal Principle - The court reaffirmed that recruitment processes must adhere to the established criteria without arbitrary changes during the selection process. (Paras 4 (i), 4(ii))
Facts of the case:
The petitioner participated in a selection process for Shastri posts but was denied one mark for his Bharat Scouts & Guides Certificates, which he argued should have been considered. The selection criteria were publicly available and included specific types of certificates eligible for marks.
Findings of Court:
The court held that the evaluation criteria were clear and consistently applied, and the petitioner's certificates did not qualify for marks.
Issues: The main issue was whether the petitioner was entitled to one mark for his Bharat Scouts & Guides Certificates based on the evaluation criteria.
Ratio Decidendi: The court ruled that the evaluation criteria were established prior to the selection process and were not changed arbitrarily, thus the petitioner was not entitled to the mark.
Result: Writ petition dismissed.
JUDGMENT :
Jyotsna Rewal Dua, J.
Petitioner participated in a selection process wherein he was not awarded one mark kept in the evaluation criteria for ‘Bharat Scouts & Guides Certificate Holders’.Feeling aggrieved, he has preferred this writ petition.
2. Background
2(i). Respondent No.3-Himachal Pradesh Staff Selection Commission, Hamirpur, issued an advertisement on 18.06.2020, inter-alia, inviting applications for 454 posts of Shastri to be filled up on contract basis against Post Code No.813. The minimum essential qualifications, as per Recruitment & Promotion Rules for the post of Shastri, were also given in the advertisement. The mode of selection consisted of written test of 85 marks and 15 marks were kept for evaluation of shortlisted candidates. This petition concerns allocation of one (1) mark in the aforesaid evaluation criteria of 15 marks, in particular, with reference to following Sr. No.6 pertaining to the Bharat Scouts & Guides Certificate Holders:-
“Part-II (Evaluation of 15 Marks)
Evaluation of 15 marks in respect of shortlisted candidates after qualifying written objective screening test/subjective tests and skill tests/physical tests, if any, will be carried out as per the following criteria: -
| Sr. No. | Detail of Criteria of 15 mark | Marks | Competent authority to issue the certificates |
| 6 | NSS (at least one year), certificate holders in NCC/The Bharat Scouts and Guide, Medal winner in National level sports competitions | 1(one) | Concerned Head of Institution. Certificate of medal winners will be issued by concerned District Youth Services and Sports Officer/Head of Institution. |
2(ii) Petitioner participated in the selection process for the post of Shastri against General Category post. He appeared in the written test on 20.12.2020. He was declared to have qualified the test on 06.05.2021. Vide letter dated 16.06.2021, petitioner was called for evaluation for allocation of 15 marks on 30.07.2021 in the office of respondent No.3. Petitioner, accordingly, appeared before respondent No.3 on 30.07.2021. Final result was declared by the respondents on 23.12.2021. The name of the petitioner did not figure in the list of successful candidates.
2(iii) From the pleadings of the writ petition, it appears that on account of pendency of CWP No.1773 of 2020, appointment letters were not issued to the successful candidates. It was in September 2022, after vacation of the interim order, that the appointment letters were issued to the successful candidates. In the interregnum, petitioner obtained information under the Right to Information Act and came to know that he had not been allocated one mark for the Bharat Scouts & Guides Certificates produced by him. According to the petitioner, respondent No.3 had wrongly denied him one mark for the Bharat Scouts & Guides Certificates produced by him; Had the petitioner been granted this one mark, he would have made to the list of successful candidates against General Category post.
2(iv) With the above grievance, instant writ petition was instituted on 17.11.2022. Substantive relief prayed for, is as under: -
“(i) Issue a writ in the nature of mandamus directing the respondents to offer the appointment to the petitioner for the post of Shastri by granting one mark in the category of The Bharat Scout and Guide certificate as per the Post Code-813 from due date on which the other successful candidates have been offered appointment with all consequential benefits as such seniority, pay scale with interest.”
3. Submissions
3(i) Learned counsel for the petitioner contended that in terms of the advertisement dated 18.06.2020 (Annexure P-1), NSS (at least one year) certificate holders in NCC/The Bharat Scouts and Guides, Medal winner in National level sports competitions, were eligible for one (1) mark under 15 marks evaluation criteria. Petitioner had produced his certificate of participation in the State Level Youth Form w.e.f. 24-28 August 2019 held at the Bharat Scouts & Guides State Training Center Rewalsar, Dist
