IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.16193 of 2024 Date of Decision: 19.11.2025 _____________________________________________________________________

Dr. Sanjay Kumar Narang ……...Petitioner Versus State of Himachal Pradesh and another …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting?

For the Petitioner: Mr. Daleep Singh Kaith, Advocate.

For the respondents: Mr. Anup Rattan, Advocate General, Mr.

Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General and Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General.

___________________________________________________________________________

Sandeep Sharma, J. (Oral)

Precisely, grievance of the petitioner, as has been highlighted in the petition and further canvassed by learned counsel for the petitioner is that Selection Committee wrongly considered his 5th Publication Journal i.e. “Compromised Immunity and Mucormycosis cases in Himachal Pradesh during Covid Pandemic: A Review” in the “Other Category”, rather same was required to be considered in the “International Category”. Since aforesaid journal was considered as “Other Category”, petitioner herein came to be awarded 1.4 marks for the same, as a result thereof, he was unable to find place in the final merit list. Had Selection Committee considered his Publication Journal in “International Category”, he would have got 2.8 marks and secured place in the final merit list.

2. Precisely, the facts of the case, as emerge from the pleadings adduced on record by the respective parties are that on 31.12.2022, respondentNo.2 issued an advertisement inviting therein online applications for recruitment to 25 posts of Principal (College Cadre) in the pay scale of Rs.37300-67000+10,000 (Grade Pay) in the Department of Higher Education. Petitioner, who is otherwise teaching as Associate Professotr at Vallabh Government College Mandi also applied for the post of Principal. After screening of documents, petitioner alongwith other eligible candidates was called to give his presentation and interaction with the Selection Committee constituted by respondent No.2. On 29.12.2023, respondent No.2 declared the result, wherein petitioner was unable to find place. He obtained information under RTI from Himachal Pradesh Public Service gCommission, wherein it came to be transpired that aforesaid Journal ihas been considered in the “Other Category”, as a result thereof, petitioner came to be awarded 1.4 marks.

3. Since, as per the petitioner, aforesaid Journal was in the “International Category”, he submitted a representation dated 1.10.2024, praying therein for revision of marks, however his prayer was not considered on the ground that there is no procedure of re- evaluation. In the afore background, petitioner has approached this Court in the instant proceedings, praying therein for following reliefs:

“1. That writ of mandamus may kindly be Pissued for the modification of Annexure P-4 and consequent order of appointment Annexure P-5 appended herewith the Writ Petition.

2. That Writ of Mandamus may kindly be issued to respondent no.2 for the appointment of the Petitioner as Principal (College Cadre) with all consequential benefits seniority from the date of appointment of other incumbents.

3. That writ of Mand amus may kindly be issued to the respondent No.2 for deciding the Representation of Petitioner in time bound manner as per the facts and circumstances of the case.” u

4. Pursuant to notices issued in the instant proceedings, respondent-commission has filed reply, wherein facts, as have been noticed herein above, have not been disputed. Claim put forth in the petition has been attempted to be refuted on the ground that petitioner’s 5th Publication Journal was not found to be in the “International Category” by the Selection Committee, rather same being an “Indian Journal” was rightly awarded 1.4 marks.

5. It also emerges from the reply filed by the respondents that evaluation of Publication