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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Sanjay Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petition challenges rules for clerk appointment; clause challenge withdrawn. (Para 1 , 2) |
| 2. petitioner's service from part-time to regular peon; qualified tests. (Para 3) |
| 3. state denies eligibility lacking five years regular class-iv service. (Para 4) |
| 4. board confirms only two months regular service till cut-off. (Para 5) |
| 5. qualifying tests and recommendation confer appointment right claimed. (Para 6) |
| 6. recruitment rules prescribe five years service for limited direct recruitment. (Para 7 , 8) |
| 7. petition dismissed for ineligibility; no right to appointment. (Para 9 , 10 , 11) |
JUDGMENT :
Ranjan Sharma, Judge
Petitioner, Sanjay Kumar, filed Civil Writ Petition No. 4471 of 2014, which was transferred to Learned State Administrative Tribunal ; and upon abolition of Tribunal, the matter stood re-transferred to this Court, as CWPOA No. 4369 of 2019, seeking the following reliefs:-
“(i). That the Hon’ble Court may kindly be pleased to declare the Rule or Clause 11(1) of “The H.P. Govt. of Personnel, Clerk, Class III (Non- Gazetted) Common direct Recruitment and Promotion Rules, 2011, whereby the eligibility criteria for the 20% quota under limited Direct Recruitment has be
Eligibility for limited direct recruitment under promotion rules strictly per cut-off date in advertisement/rules; part-time/contingent services not countable unless specified; mere test qualificatio....
The eligibility of any candidate is to be reckoned from the date of the selection and appointments made in contravention of the statutory provisions are void ab initio.
Point of Law : If such eligibility criteria are to be determined on the date of actual consideration, it would be an unending process as in the meantime, many more candidates would acquire the eligib....
Public appointments are void if they lack adherence to stipulated eligibility criteria as of the cut-off date, regardless of length of service or administrative inaction.
The court established that eligibility criteria for public employment must be strictly adhered to, and any appointment made contrary to these criteria is illegal. Equity cannot be invoked to override....
The court established that the criteria for promotion can include unpublished guidelines and that the Chief Justice has the authority to determine suitability for promotion, which may extend beyond t....
Point of Law : Principle of estoppel or waiver will also not be attracted in the instant case as the challenge is on a ground which came to light after the recruitment process was over. In any case, ....
The main legal point established in the judgment is the interpretation of Rule 9(1)(a)(iii) of the Service Rules, which determines eligibility for appointment to the Haryana Civil Service (Executive ....
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