IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.13366 of 2024 Decided on: 4th June, 2025 _________________________________________________________________

Kuldeep Thakur ....Petitioner Versus Secretary Himachal Pradesh Rajya Chayan Ayog.

…Respondent _________________________________________________________________

Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting?

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For the petitioner: Mr. Dinesh K. Thakur, Advocate. For the respondent: Mr. Vishwajeet Singh, Advocate.

Jyotsna Rewal Dua, Judge Petitioner’s grievance relates to not awarding him marks by the respondent- Himachal Pradesh Rajya Chayan Ayog (Ayog in short) in lieu of his experience certificate.

2. Facts.

2(i) Respondent-Ayog issued an advertisement on 21.09.2020 inviting online recruitment applications for several categories of posts, including Post Code No.817-

1 Whether reporters of Local Papers may be allowed to see the judgment? yes Junior Office Assistant Information Technology (JOA) (IT). Petitioner applied as General Category (UR) candidate for the post of JOA (IT). Clause-14 of the advertisement provided as under regarding evaluation criteria: -

“14. SCREENING TEST/ EXAMINATION/ EVALUATION ETC.:-

(i) In cases where the number of eligible candidates for recruitment to the post(s) advertised by the Commission is inordinately large, the Commission may limit/ shortlist the number of eligible candidates to be called for evaluation of 15 marks by subjecting them to a Written Screening Test which may be objective type or descriptive or both. Final selection of a candidate will be made solely on the basis of the marks obtained in the Written Screening Test/ main subjective type test and his/her evaluation of 15 marks as per prescribed eriteria. If the candidates score egual marks, then a candidate who is senior in age will be placed above the candidate junior in age.

(ii) Where a skill test comprising of type and shorthand test or both is an Essential Qualification, the candidates will be required to undergo these tests for the prescribed speeds. Where a Physical Test is prescribed/required, the candidate will be required to undergo the required Physical Test as per Physical Standards laid down. The Commission shall not be liable for any injury or damage sustained by the candidates while going through such tests. However the skill tests/physical tests will be of qualifying nature.

iii) The provisional answer key of each Written Screening Test (objective type) will be uploaded on the official website after the freezing of the answer sheets of the candidates for calling objections from the candidates. Seven day's time shall be given for inviting objections in the answer key, if any. The objections will be got vetted through an expert panel and the result will be finalized as per the revised answer key.

(iv) Any request for rechecking/re-evaluation of scripts of written tests/ Skill tests/Physical tests will not be entertained.

(v) The eligibility of candidate(s) called for the evaluation of 15 marks will be determined on the basis of original documents produced at the time of evaluation of 15 marks and the Commission will not be responsible if the candidature of any candidate is rejected at that stage or at the time of verification by the Appointing Authority. As such, admission to the Written Screening Test/Examination/ evaluation of 15 marks shall be purely provisional.

(vi) The Centers for holding the examination are liable to be changed at the discretion of the Commission. However, every effort will be made to allot the examinations centre(s) of their choice to the candidates. But, the Commission may, at its discretion, allot a different centre to a candidate if circumstances so warrant.”

In terms of the aforesaid clause, 15 marks were kept for evaluation to be carried out on the basis of documents of the candidates shortlisted for the purpose. Written/screening test was conducted for 85 mar