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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
Nitin Kumar – Appellant
Versus
Institute of Banking Personnel Selection – Respondent
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 S
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.
Failure to communicate rejection reasons violates natural justice principles.
Unilateral withdrawal of a recommendation for a Scheduled Tribe certificate without due process violates constitutional protections for Scheduled Tribes.
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