IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP Nos.610 & 5155 of 2025 Reserved on: 29.05.2025 Date of decision: 05.06.2025

1. CWP No.610 of 2025 Kavita Sharma. ...Petitioner.

Versus State of H.P. & Ors. ...Respondents.

2. CWP No.5155 of 2025 Mohit. ...Petitioner.

Versus State of H.P. & Ors. ...Respondents.

Coram:

Ms. Justice Jyotsna Rewal Dua, Judge Whether approved for reporting? Yes.

For the petitioner : Mr. Vivek Singh Attri and Mr.

M.A. Safee, Advocates in respective petition.

For the respondents : Mr. Rajat Chaudhary, Assistant Advocate General, for the respondents-State.

: Mr. Vishal Thakur, Advocate, for respondent-HPPSC.

: Mr. Nitin Thakur, Advocate, for respondent-HPU.

: Mr. Abhimanyu Rathore, Advocate, for applicant-intervener in CMP No.3179 of 2025.

Jyotsna Rewal Dua, Judge CMP-3179 in CWP-610 of 2025 The application for intervention is allowed in the interest of justice and to stand disposed of. Learned counsel for the Intervener has been heard.

Whether reporters of Local Papers may be allowed to see the judgment? Yes CWP Nos.610 & 5155 of 2025 The case.

The petitioners possess two different degrees, both obtained from respondent-Himachal Pradesh University, one through the ‘regular mode’ and the other through the ‘private/ distance mode’. Some period spent in pursuing one degree overlaps with the period spent in pursuing the other. They participated in a selection process for a post wherein possession of both degrees was prescribed as an essential educational qualification. At the stage of declaration of result, respondent-Himachal Pradesh Public Service Commission, while scrutinizing the documents of the candidates, rejected the petitioners' candidature on the ground that they had obtained two degrees in the same session and year. This has led to the institution of the instant petitions.

2. Facts.

2(i). Respondent-Commission issued an advertisement on 17.10.2023, inviting online applications from desirous and eligible candidates for recruitment to 102 posts of Lecturer (School-New) Political Science. The advertisement prescribed following essential qualifications for the said post:-

“Essential Qualification(s)

MASTER DEGREE in POLITICAL SCIENCE/MASTER DEGREE in PUBLIC ADMINISTRATION and BACHELOR DEGREE in B.ED (EDUCATION)/BACHELOR DEGREE in TWO YEARS INTEGRATED M.SC. ED. COURSE.

Note:-

The candidates having Master Degree in Public Administration are also eligible for the post of Lecturer (School- New) in Political Science subject.”

As per above, Master Degree in Political Science/Master Degree in Public Administration and Bachelor Degree in B.Ed. Education/Bachelor Degree in Two-years integrated M.Sc.Ed. Course were essential qualifications.

2(ii). Educational qualifications of the petitioners are as under:-

2(iii). Both the petitioners participated in the selection process for the post in question. Admit cards were issued to them by the respondent-Commission.

2(iv). On 02.12.2024, respondent-Commission after scrutiny of documents, notified list of proposed rejected candidates. Name of petitioners figured at Serial No.66 (Kavita Sharma) and at Serial No.8 (Mohit) with one common remark that ‘the petitioners had passed the dual degree of M.A. (Political Science) and B.Ed. in the same session and same year.’

It appears that petitioners represented against their provisional rejection. Respondent-Commission notified final list of rejected candidates for the post in question on 02.01.2025. Following reasons were assigned for rejecting petitioners’ candidature: -