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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Yog Raj – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. pwd quota recruitment must follow batch-wise r&p rules. (Para 1 , 2 , 3 , 4) |
| 2. jbt r&p rules mandate 50% batch-wise with reservations. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. separate pwd merit process disadvantages older batch candidates. (Para 12 , 21 , 22 , 23) |
| 4. participation estops challenge to horizontal quota selection. (Para 13 , 14) |
| 5. batch-wise ensures merit within qualification batches. (Para 15 , 16) |
| 6. special committees handle pwd backlog separately. (Para 17 , 18 , 19 , 20) |
| 7. rule 16 allows govt discretion on reservations. (Para 24 , 25 , 26 , 27) |
| 8. batch merit by jbt marks, then 10+2, age. (Para 28 , 29 , 30) |
| 9. direct pwd selection accelerates and fairly fills quota. (Para 31 , 32 , 33 , 34) |
| 10. clean hands absent; estoppel by process participation. (Para 35 , 36 , 37 , 38) |
| 11. backlog policy protects pwd interests, warrants non-interference. (Para 39 , 40 , 41) |
| 12. estoppel precedents bar unsuccessful candidate's challenge; dismiss. (Para 42 , 43 , 44 , 45 , 46) |
JUDGMENT :
SANDEEP SHARMA, J.
1. Precisely, the question, which needs to be determined in the case at hand, is that “whether petitioner’s right to seek benefit of reservation under the 4% quota for
Separate merit-based filling of disability quota backlog posts valid without batch-wise; participation estops post-non-selection challenge; no prejudice as competitive within category.
The reservation for Persons with Disabilities must apply from the start of the selection process, ensuring fair competition among candidates within the reserved category.
The petitioner, having participated in the selection process without protest, cannot challenge the same upon being declared unsuccessful. The reservation for PwD is a horizontal reservation, and cand....
Court upheld the prerogative of the appropriate government in reserving posts for disabled candidates as per the Act, asserting that judicial intervention in recruitment processes must be limited and....
Appointment on posts of Civil Judge and Judicial Magistrate under Civil Judge Cadre – Candidates who consciously took part in process of selection cannot be permitted to question advertisement or met....
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