IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 538 of 2020.

Date of decision: 16.03.2020.

Padam Singh and others …..Petitioners.

Versus The District and Sessions Judge, Mandi, Civil and Sessions Division, Mandi, H.P. and others …..Respondents.

Coram The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge.

The Hon’ble Mr. Justice Anoop Chitkara, Judge.

Whether approved for reporting?¹ No For the Petitioners : Mr. C.N.Singh, Advocate.

For the Respondents: Mr. Ramakant Sharma, Senior Advocate with Mr. J.L. Bhardwaj, Advocate, for respondents No. 1 and 2.

Mr. Malay Kaushal, Advocate, for respondents No. 4 to 6 and 8 to 18.

Tarlok Singh Chauhan, Judge (

Ora l Aggrieved by the selection of the private respondents No.3 to 18 as Peon/Orderly/Chowkidar, the Whether the reporters of the local papers may be allowed to see the Judgment?Yes petitioners have filed the instant petition for grant of the following reliefs:

“i) Issue a writ of Mandamus, CertioHrari or other appropriate writ or direction as this Hon’ble Court deems fit quashing the result /Select List dated 20.01.2020 (Annexure P-9) prepared for all intents and purposes.

ii) Issue a writ of M andamus, Certiorari or other appropriate writ or direction as this Hon’ble Court deems fit quashing the very constitution of two different Interview Board constituted by Respondeont No.1 for carrying the process of personal interview/viva voce of candidates for the post of Class-IV Peon/Orderly/Chowkidar in the establishment of District & Session Judge, Mandi, h District Mandi, Himachal Pradesh, for all intents and purposes.

iii) Issue a writ of Mandamus, Certiorari or other appropriate writ or direction as this Hon’ble Court H deems fit directing the respondents to re-advertise, re-conduct the recruitment/Selection process afresh for the post of Class-IV Peon/Orderly/Chowkidar in the establishment of District & Session Judge, Mandi, District Mandi, Himachal Pradesh.

iv) In alternative issue a writ of Mandamus, Certiorari or other appropriate writ or direction as this Hon’ble Court deems fit directing the respondents to devise & frame a transparent system/method of carrying selection/recruitment process for the post of Class-IV Peon/Orderly/Chowkidar in the establishment of respondents No.2 and 3 then solely on the basis of personal interview/viva voce, within a ti.me bound manner and accordingly, carry the recruitment process for the vacant posts within a time bound manner.

v) Issue a writ of Mandaomus, Certiorari or other appropriate writ or direction as this Hon’ble Court deems fit directing Respondents No.1 & 2 to place on record the particular of the selected candidates/family background, details whether their family members, relatives etc. were, are serving in any of the Hon’ble Courts in the State of Himachal Pradesh, for the effective adjudication of the issue so raised by the petitioners.

vi) Issue a writ of Mandamus, Certiorari or other appropriate writ or direction as this Hon’ble Court deems fit directing the respondents to lay down yearly fixture w.r.t. filling up of various vacant post/to i fall vacant of ofÏcials/staff in the respective Civil and Session Division in various Districts in Himachal Pradesh on regular/daily wage basis in its establishment in accordance with law and announcement of the Apex Court.”

2. It is averred that the entire selection process is vitiated on account of it being unfair, unlawful, arbitrary, illegal resulting in discriminatory appointments.

3. Respondent No.1 has contested the petition by filing reply wherein it is averred that the petitioners once having participated in the selection process and found unsuccessful cannot turn around and lay challenge to the same. It is further averred that the selection was conducted strictly in accordance with the rules in a fair and transparent manner and, therefore, needs to be upheld. It is further contended that in absence of the members of the Selection Committee, the bald and vague allegations of malafides as set ou