IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 9^th DAY OF DECEMBER, 2021 BEFORE HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN &

HON'BLE MR. JUSTICE SATYEN VAIDYA LETTERS PATENT APPEAL NO. 66/2021 BETWEEN:

KHEM RAJ, SON OF SH. DAYA RAM, RESIDENT OF VILLAGE SIDHOKOTHI, POST OFFICE KOTHI, TEHSIL BALH, DISTRICT MANDI, H.P.

…. APPELLANT.

(BY SH. RUPINDER SINGH THAKUR, ADVOCATE)

AND

1. STATE OF H.P. THROUGH ITS PRINCIPAL SECRETARY (EDUCATION) TO THE GOVERNMENT OF HIMACHAL PRADESH, H.P. SECRETARIAT, SHIMLA-2.

2. HIMACHAL PRADESH PUBLIC SERVICE COMMISSION, THROUGH ITS SECRETARY, NIGAM VIHAR, SHIMLA-2.

3. DIRECTOR OF H.P. HIGHER EDUCATION, DEPARTMENT SHIMLA, H.P.

4. PRAKASH, SON OF SH. MAST RAM, RESIDENT OF VILLAGE UPPER BAROT, P.O. FATEHPUR, TEHSIL SARKAGHAT, DISTRICT MANDI, H.P.

5. PANKAJ MANHAS, SON OF SH. KARNAIL SINGH, RESIDENT OF VILLAGE NAGROTU, P.O. DARKATI, TEHSIL JAWALI, DISTRICT KANGRA, H.P.

6. LOP CHAND, SON OF SH. KESHAV RAM, RESIDENT OF VILLAGE BELUDHAR, P.O. KHANEOL BAGRA, TEHSIL KARSOG, DISTRICT MANDI, H .P.

…RESPONDENTS.

7. KUMAR ASHUTOSH, SON OF SH. BHAG SINGH, RESIDENT OF VILLAGE AND POST OFFICE JALARI, TEHSIL NADAUN, DISTRICT HAMIRPUR, H.P.

8. MOHINDER SINGH, SON OF SH. JULFI RAM, RESIDENT OF VILLAGE KOT WARD NO.1, P.O. NADAUN, DISTRICT HAMIRPUR, H.P.

9. ARTI , D/O SH. SATISH KUMAR, RESIDENT OF WARD NO.1, P.O. DHUSARA, TEHSIL AMB, DISTRICT UNA, H.P.

....PROFORMA RESPONDENTS.

(MR. RAJINDER DOGRA, SR. ADDL. A.G., MR. SHIV PAL MANHANS, MR. VINOD THAKUR, ADDL. A.GS. AND MR. BHUPINDER THAKUR, DY.A.G. FOR R-1 & R-3)

(SH. VIKRANT THAKUR, ADVOCATE, FOR R-2 WITH SH. D.K. RATTAN, SECRETARY, H.P.P.S.C.)

(SH. BALWANT SINGH THAKUR, ADVOCATE, FOR R-4 & R-6)

LETTERS PATENT APPEAL NO. 52/2021 BETWEEN:

1. SURESH MOHAN THAKUR, SON OF SHRI MADAN MOHAN, AGED 43 YEARS, RESIDENT OF VILLAGE DINGER, POST OFFICE MANGARH, TEHSIL PACHHAD, DISTRICT SIRMAUR, HIMACHAL PRADESH.

2. AKHILESH THAKUR, SON OF SHRI HOMINDER SINGH, AGED 33 YEARS, RESIDENT OF VILLAGE KHAIL, POST OFFICE DEWAT, TEHSIL CHOPAL, DISTRICT SHIMLA, HIMACHAL PRADESH.

3. SANJEEV CHAUHAN, SON OF GOVIND CHAUHAN, AGED 28 YEARS, RESIDENT OF VILLAGE KARALISH, POST OFFICE KANSA KOTI, TEHSIL ROHRU, DISTRICT SHIMLA, HIMACHAL PRADESH.

…. APPELLANTS.

(BY SH. RUPINDER SINGH THAKUR, ADVOCATE)

AND

1. STATE OF HIMACHAL PRADESH, THROUGH SECRETARY (EDUCATION)

TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.

2. HIMACHAL PRADESH PUBLIC SERVICE COMMISSION, THROUGH ITS SECRETARY, NIGAM VIHAR, SHIMLA-2.

…RESPONDENTS.

(MR. RAJINDER DOGRA, SR. ADDL. A.G., MR. SHIV PAL MANHANS, MR. VINOD THAKUR, ADDL. A.GS. AND MR. BHUPINDER THAKUR, DY.A.G. FOR R-1)

(SH. VIKRANT THAKUR, ADVOCATE, FOR R-2)

WITH SH. D.K. RATTAN, SECRETARY, H.P.P.S.C.)

__________________________________________________________________._

These appeals coming on for admission after notice this day, Hon'ble Mr. Justice Tarlok Singh Chauhan, delivered the following:

J U D G M E N T

Since common questions of law and facts arise for consideration in these appeals, the same are taken up together for hearing and are being disposed of by a common judgment.

2. The appellants-writ petitioners aggrieved by the judgment passed by the learned writ Court on 01.07.2021 have filed the instant aCppeals.

3. The appellants-writ petitioners approached the writ Court for grant of the following substantive reliefs:-

CWP No. 1107 of 2020.

H “ i) That writ in the nature of certiorari may kindly be issued and the written test dated 23.2.2020 for the post of lecturer of Commerce subject (School Cadre) conducted in pursuance to the advertisement dated 2.11.2019 (annexure P-1) may kindly be quashed and set aside.

ii) That the writ in the nature of mandamus may kindly be issued and the respondent commission be directed to conduct the written examination for the post of lecturer of Commerce subject(School Cadre) in pursuance to the advertisement dated 2.11.2019 afresh in both language i.e. Hindi and English in the interest of justice and fair play.”

CWP No. 1111 of 2020.

“i) That a writ in the nature of ce