IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4840 of 2025 Decided on: 17th July, 2025 ------------------------------------------------------------------------------------- Rasham …..Petitioner Versus State of H.P. and others .....Respondents ----------------------------------------------------------f---------------------------

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

For the Petitioner: Mru. Yogesh Kumar Chandel, Advocate.

For the Respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General with Mr. Rajat Choudhry, Assistant Advocate General, C for respondents No.1 and 2.

Mr. Sandeep K. Pandey, Advocate, for respondent No.3.

Respondent No.4 ex-parte.

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Jyotsna Rewal Dua, Judge i Respondents did not consider the OBC certificates produced by the petitioner at the time of document verification for appointment to the post in question on the ground of same being not in conformity with the advertisement. Feeling aggrieved, the petitioner has instituted this writ petition.

1Whether reporters of print and electronic media may be allowed to see the order? Yes.

2. The case

2(i). Respondent No.3 issued an advertisement on 19.09.2022 (Annexure P-1) inviting online recruitment applications from desirous and eligible candidate.s for recruitment inter alia to the post of Laboratory Technician to be filled up on contract basis in the N ational Health Mission. The applications could boe submitted upto 02.10.2022. Out of total 36 posts of Laboratory Technicians advertised, 05 were meant for Other Backward Classes (OBC) of Himachal Pradesuh.

2(ii). In accordance with the advertisement, the candidates belonging to OBC of Himachal Pradesh were to produce OBC certificate on the prescribed format valid till the relevant term of Financial Year (i.e. 1st April to 31st March) as notified by the Government of Himachal Pradesh (Department of Revenue) in Rajpatra dated 09.01.2012. It H was also stipulated in the advertisement that the candidates must have a valid OBC certificate covering the entire period from last date of submission of online applications till date of document verification/selection alongwith an undertaking that his status as OBC has not been changed and he has not been excluded from the category of OBC of Himachal Pradesh on account of being covered under creamy layer.

2(iii). Petitioner participated in the selection process as OBC candidate of Himachal Pradesh. Alongwit.h his application, he uploaded OBC certificate issued to him on 22.07.2021 (Annexure P-6), which certified that ‘he is not part of (Creamy Layer) as per the Incomoe Certificate issued for the financial year 2021-2022’.

2(iv). Respondents declared category-wise result for the post of Laboratory Tuechnician. Name of the petitioner figured at Sr. No.102 of the merit list with score of ‘5’ marks (Annexure P-2). The eligible candidates on the basis of aforesaid result, were called for document verification vide office order dated 25.03.2023 (Annexure P-3). The documents were to be verified on 31.03.2023. Petitioner accordingly appeared for document verification. At that H time, he also produced his OBC certificate issued on

29.03.2023 (Annexure P-7), certifying that ‘he is not part of (Creamy Layer) as per the Income Certificate issued for the financial year 2022-2023’. No further action was taken by the respondents for quite some time.

2(v). It was on 30.10.2024 (Annexure P-4) that appointment letters were issued for the post of Laboratory Technician. Name of the petitioner did not figure in the list of candidates, who were offered the post of Laboratory Technician. Name of respondent No.4 though figured at the end of the list at Sr. No.28, however, as would be ap.parent from the category-wise result of Lab Technician (Annexure P-2) and as canvassed by learned counsel for the petitioner, respondent No.4 had participated in tohe selection process as OBC of Himacha