2026 Supreme(HP) 737
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Ajay Mohan Goel, J.
Nitu Kumari - Petitioner
Versus
State of Himachal Pradesh and others - Respondents
CWP No. 7895 of 2025
Decided On : 03-08-2026
Important Points
Subject
Service Law - Recruitment and Appointment
Headnote
(B) Administrative Delay - Verification of Documents - The department cannot penalize a candidate for changes in personal status (e.g., marriage) that occur during an unreasonable delay in the recruitment process caused by the department. (Para 25)
Issues: Whether the eligibility of a candidate for the post of Van Mitra should be assessed as of the date of application or the date of document verification.
For the Petitioner:Mr. Jaidev Thakur, Advocate.
For the Respondent:Mr. R.P. Singh, Deputy Advocate General, Mr. H.S. Rangra, Advocate
JUDGMENT :
Ajay Mohan Goel, J.
By way of this writ petition, the petitioner has alia prayed for the following reliefs:-
“i) That the writ in the nature of certiorari may kindly be issued and thereby quashing and setting-aside the impugned final result dated 3.03.2025 (Annexure P. 9), appointment order dated 15.03.2025 (Annexure P-10) qua the respondent no.6 to the post of "Van Mitra" beat of Drang Forest Range under Forest Division Mandi, H.P and rejection letter dated 16.04.2025 (Annexure P-11), in the interest of justice.
ii. That the writ in the nature of mandamus may kindly be issued, directing the respondents to appoint the petitioner to the post of "Van Mitra" beat of Drang Forest Range under Forest Division Mandi, H.P, being meritorious and most suitable candidate, in the interest of justice.”
2. Brief facts necessary for the adjudication of this petition are that in terms of Annexure P-2, notice dated 28th November 2023, the Range Forest Officer, Drang Forest Range, Drang, District Mandi, invited applications from eligible candidates for engagement as Van Mitra. The applications, in terms of the advertisement, were to be submitted by 30-12-2023 and the same along with a self-attested photograph were to accompany copies of proof of age, proof of educational qualification, proof of residence and status of local/ neighbouring Gram Panchayat/Village/GP/ULB, which were to be submitted in the office of the Range Forest Officer, Drang, either in person or by post by 30-12-2023. It was specifically mentioned in the advertisement that no application shall be entertained after the said date.
3. The petitioner, being eligible, applied for the post in issue along with other candidates. The advertisement was issued pursuant to the policy for engagement of Van Mitra issued by the Secretary Forest to the Government of Himachal Pradesh vide Annexure P-1, dated 18th October 2023, in which, it was mentioned that the Cabinet had approved the proposal for engagement of 2061 Van Mitras along with Scheme in Forest Department.
4. The Scheme for engagement of Van Mitra inter alia envisaged that the candidate was to apply for engagement as Van Mitra on the application form as per Annexure-II thereof and evaluation of marks was to be made in terms of the evaluation criteria mentioned in the Scheme. It was also mentioned in the Scheme that the documents/certificates, which were to be submitted by the candidate along with the application form, shall be verified with the original at the time of personal interview prior to engagement.
5. As observed herein above, the petitioner applied for the post for Block Drang, Beat Drang. In terms of Annexure P-4, which was a list issued by the Department after the candidates had participated in the physical efficiency test, demonstrated that the name of the petitioner was reflected therein at Sr. No. 8 and she was shown as qualified Van Mitra candidate in respect of Drang Beat. This was followed by the issuance of a list of panel of candidates beat-wise, who were called for physical verification of documents and in this also, the name of the petitioner was also included and her rank was No. 1 as far as Drang Beat is concerned. A copy of the said list is appended with the petition as Annexure P-6. The petitioner participated in the process of verification of documents on 20-01- 2024, which is evident from Annexure P-7.
6. The grievance of the petitioner is that in terms of Annexure P-9, which is the final result of shortlisted candidates for the post of Van Mitra, the private respondent was selected as a Van Mitra for Drang Beat and she (private respondent) was offered appointment in terms of Annexure P-10, communication dated 15- 03-2025. When she submitted a representation in this regard as to why she had been ignored despite being most meritorious in terms of Annexure P-11 (communication dated 16-04-2025), she has been informed that because after the submission of the application form, she had solemnized marriage in