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2025 Supreme(HP) 783
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RANJAN SHARMA, J.
Nitin Kumar - Appellant
Versus
Institute of Banking Personnel Selection - Respondent
CWP No. 2320 of 2025
Decided On : 13-02-2025
Advocate Appeared:
For the Appellants : Virender Singh Chauhan, Sumit Sharma
Eligibility for Scheduled Tribe status cannot be conferred when the relevant Notification is stayed; the petitioner may seek consideration as a General Category candidate based on merit.
Headnote:
(A) Constitution of India - Scheduled Tribe Order - Notification dated 04.08.2023 - Writ petition for mandamus to allow participation in recruitment without Scheduled Tribe Certificate - Court held that the petitioner cannot be considered as Scheduled Tribe due to stay on the Notification conferring status - Eligibility cannot be conferred when status is in abeyance. (Paras 3, 6)
(B) Representation - Petitioner permitted to make representation to be considered as General Category Candidate based on merit - Court did not address merits of the representation. (Paras 4, 6)
Facts of the case:
The petitioner sought to appear in an interview for a Specialist Officer position but was unable to provide a Scheduled Tribe Certificate due to a stay order on the relevant Notification conferring Scheduled Tribe status. (Paras 1, 2)
Findings of Court:
The court disallowed the claim for Scheduled Tribe status due to the ongoing stay and permitted the petitioner to make a representation for General Category consideration. (Paras 3, 6)
Issues: Whether the petitioner can be allowed to participate in recruitment without the Scheduled Tribe Certificate and the implications of the stay on the Notification. (Paras 1, 3)
Ratio Decidendi: The court ruled that eligibility cannot be conferred when the status is stayed, emphasizing the impropriety of granting such status at this stage. (Paras 3)
Result: Writ petition disposed of with directions for representation.
JUDGMENT :
Ranjan Sharma, J.
1. The petitioner has filed the writ petition with the following prayers:-
(i) Issue a writ of mandamus or any other appropriate writ, order, or direction commanding respondent to allow the Petitioner to appear in the personal interview for the post of CRP SPL-XIV-Recruitment of Specialist Officers 2025-26, without insisting upon the production of a Scheduled Tribe Certificate, considering that the Petitioner is legally unable to obtain the same due to the stay order passed by this Hon’ble Court on 03.01.2024.
(ii) Direct respondent to consider alternative means of verification of the Petitioner’s Scheduled Tribe status, in light of the Notification dated 04.08.2023, issued by the Government of India, which included the Petitioner’s native village within the Scheduled Tribe category, and to ensure that the Petitioner is not unfairly deprived of his right to equal opportunity in public employment.
(iii) It is most respectfully prayed that this Hon’ble Court may be pleased to issue an appropriate order, directing respondent not to bar or disqualify the petitioner from appearing in the interview for the competitive examination due to the non-submission of the Scheduled Tribe certificate, in light of the stay order granted by this Hon’ble Court, until the resolution of the present case. Pass any other order(s) as may be deemed fit and proper in the interest of justice and equity.”
2. In the background of the prayers referred to above, Learned Senior Counsel, draws attention of this Court to a communication dated 11.02.2025 [Annexure P-6] whereby, after passing the screening/written test the petitioner has been directed to appear for interview on 18.02.2025 at 08:30 am, for the post of Agricultural Field Officer [Scale-I]. Grievance of the petitioner is that though the petitioner belongs to Scheduled Tribe Category and as per Endorsement No. 1 of Communication dated 11.02.2025, Annexure P-6, the petitioner is required to upload scanned copies of Schedule Tribes Certificate and the other documents through the link from 11.02.2025 on or upto or before 17.02.2025 but petitioner is unable to upload his Scheduled Tribe Certificate, for the reason, that the conferment of Scheduled Tribe Status to Hatti of Trans Giri Area of Sirmour District in Himachal Pradesh, as per the Constitution [Schedule Tribe Order] [Second Amendment] Act, 2023 notified on 4.8.2023 [Annexure P-3] to the petitioner who is resident of village Paninkufar, P.O. Jadol Taproli Rajgarh, District Sirmaur (H.P.) due to stay of said Notifsaid Notification by this Court.
3. In backdrop of above facts and circumstances, this Court is of the considered view that once the Notification dated 04.08.2023 [Annexure P-3] conferring Scheduled Tribe Status to Hattis of Trans Giri Area of Sirmour District (HP) has admittedly been stayed by the Division Bench of this Court in CMP No.15611 of 2023 in CWP No.8301/2023, titled as Giripar Anusuchit Jaati Adhikar Sanrakshan Samiti Versus Union of India & Ors along with connected matters, on 04.01.2024 extended on 27.05.2024 till further orders, which is still operating, therefore, in these circumstances, this Court is of the considered view, that once the prayer of petitioner for directing the Respondent [Institute of Banking Personnel Selection] to permit, the petitioner to be considered as an Scheduled Tribe Category, which status has been kept in abeyance as on day is not tenable. Passing any direction to treat the petitioner as Scheduled Tribe Candidate shall tantamount to impropriety, at this stage. Eligibility cannot be conferred on petitioner, who is ineligible for being conferred the Scheduled Tribe Status as on day. Accordingly, the claim of petitioner is mis-conceived and being devoid of any merit, is accordingly disallowed.
4. Notwithstanding, the above, Learned Senior Counsel, Mr. Virender Singh Chauhan, on Instructions, submits that the petitioner may be permitted to make a representation to Respondent-Inst
