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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Virender Singh – Appellant
Versus
Himachal Pradesh Public Service Commission – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
The selected candidates to whom the offers of appointment were given, did not join the post. Petitioner’s name figured in the waiting/merit list. Subsequent request made by respondent No.2-Board seeking recommendations of the next candidates from the waiting/merit list was not accepted by respondent No.1 on the premise that such request was delayed by 13 days from the outer limit of one year from the date of making initial recommendationsprescribed under its Rules of Business. Feeling aggrieved, petitioner has preferred this writ petition.
2. Facts:-
2(i). Respondent No.1-Commission issued an advertisement on 24.05.2022, inter alia, inviting applications for 22 posts of Electrician Power House Electrical (PHE) on contract basis to be filled up against Post Code 974 in respondent No.2-Board. Out of these 22 posts, four were meant for candidates belonging to Other Backward Classes (Unreserved) [in short ‘OBC(UR)’]. Petitioner participated in the selection process against the four posts meant for OBC (UR) category.
2(ii). Combined merit list of written screening test was prepared vide Annexure P-2. Petitioner’s name figured at Sr. No.72. Final result was de
Negligence by public authorities in processing appointments can lead to candidates being unjustly denied opportunities, warranting judicial intervention to ensure fair treatment.
A candidate has a right of consideration for a post, and the decision of the authorities not to consider the candidate must be based on sound and bona fide reasons and not mala fide or arbitrary.
If a selected candidate joins and resigns within a period of currency of waiting list, a wait listed candidate would have a right to claim appointment and this very proposition also appears to have b....
Point of law: Recruitment - duty of the Public Service Commission is to make available to the Government a complete list of qualified candidates arranged in order of merit. Thereafter the Government ....
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