IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.11698 of 2024

Decided on: 15th December, 20.25

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Surinder Sharma …..Petitioner

Versus H

State of H.P. and another .....Respondents -------------------------------------------------------------------------------------

Coram o

Ms. Justice Jyotsna Rewal Du a

Whether approved for reporting?1

For the Petitioner: uMr. Nitin Soni, Advocate.

For the Respondents: Mr. Vishwadeep Sharma, Additional

Advocate General, for respondent No.1.

CMr. Vishwajeet Singh, Advocate, for

respondent No.2.

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Jyotsna Rewal Dua, Judge

Petitioner participated in the selection process

for the post of Junior Office Assistant (Information

HTechnology) as a General (Unreserved) Category candidate

and remained unsuccessful. He seeks a direction to the respondents to consider his candidature under the Economically Weaker Section Category and accordingly to

select/appoint him against the said post.

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

2. Heard learned counsel for the parties and considered the case file.

3. Following facts are not in dispute:- P

3(i). Respondent No.2 issued an advertisement on 19.12.2018, inter alia, inviting online applications for 412 posts of Junior Office Assistant (Information Technology) [in short ‘JOA(IT)’] against Post Code 727. The last date for submission of online recruitment applications was 22.01.2019. Petitioner applietd for the post as General (UR)

Category candidate.

3(ii). By way of ‘The Constitution (103rd Amendment) Act, 2019’, reservation for Economically Weaker Section (EWS) was introduced. Respondent-State issued a notification on 11.06.2019, extending the reservation for Economically Weaker Sections in Class-I, II, III and IV posts in direct recruitment. As a fall out, respondent No.2 withdrew the advertisement dated 19.12.2018 under notice dated 29.01.2019.

3(iii). Posts of JOA(IT) were again advertised by respondent No.2 against Post Code 817, vide advertisement issued on 21.09.2020. Due reservation was provided for EWS category candidates. The advertisement for Post Code 817, inter alia, contained a note that ‘the candidates who had applied earlier against Advt. No.34-2/2018 dated 19.12.2018 under Post Code 727 and fulfil the eligibility criteria need not to apply again’. The advertisemenPt also contained certain instructions for filling up online applications. Relevant thereof are extracted hereunder:-

“8. The candidate is allowed to submit only one application form against each post. Multiple application Forms for same post of a candidate are liable to be rejected.

15. The benefit of reservation under EWS can be availed upon production of an Income and Asset Certificate issued by the Competent Authority i.e. DC/ADC/ADM/ SDO (Civil) of the area where the candidate and/or his family resides; arnd revenue officer not below the rank of Tehsildar. The validity of IRDP/BPL certificate is of six months from the date of its issuance. The candidate is required to furnish the valid certificate including the old certificate of the time of the filling the application in support of his/her claim.”

In terms of instruction No.15, a candidate was hrequired to furnish valid certificates including old certificate at the time of filing of application. Benefit of EWS could be availed upon production of Income and Asset Certificate issued by the Competent Authority. The candidate was required to furnish valid certificate including the old certificate at the time of filing the application in support of his claim. As per instruction No.8, a candidate could only fill one application form against each post. Further, as per Clause 13(i) of the advertisement, the date for determining the eligibility of candidate in form of essential qualifications, experience etc. was the closing date for submission of online