IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

CWPOA No.1003 of 2019 Decided on: 12thMarch, 2026 Romesh Chand Dhiman .......Petitioner Versus State of H.P and another ...Respondents Coram Hon’ble Mr.Justice Jiya Lal Bhardwaj, Judge.

Whether approved for reporting?1 For the petitioner: Mr.Vijay K. Verma, Advocate.

For the respondentsu: Mr.Anup Rattan, Advocate General with Mr.Amit Kumar Chaudhary, Deputy Advocate General for respondent No.1.

C Mr.Vikrant Thakur, Advocate for respondent No.2.

Jiya Lal Bhardwaj, Judge(Oral)

By way of present petition, the petitioner has prayed for the following substantive reliefs:-

“i) That a writ in the nature of mandamus may kindly be issued and the petitioner be treated as OBC (NCL) candidate as per the OBC certificate produced by the petitioner and the name of the petitioner be recommended for appointment as Headmaster in the Department of Education.

ia) That a writ in the nature of mandamus may kindly be issued and the petitioner be treated as OBC (NCL) candidate as per the OBC certificate produced by the petitioner and the name of the petitioner be recommended for appointment as Headmaster in the Department of Education and annexure P-13 may be quashed and set aside.

1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.

In the alternative the petitioner prays that if no such vacancy presently exists and the selec.tion process is over then against the vacancy of post of headmasters (school cadre) next arising in Education Department keeping in view the examination process already unde.rtaken, the petitioner may be considered nexHt time to determine his entitlement for the post of Headmaster on the basis of merit position in the selection process already undertaken by the pe titioner.

ii) That a writ of mandamus moay kindly be issued directing the respondents to issue clear guidelines to the revenue authorities concerned at the field level.”

2. As per pleadings in the petition, the petitioner was appointed as TGT (Nuon-medical) and joined his duties on 9.10.2001 in Government Middle School, Nangal Chowk, under complex Government Senior Secondary School Dada Siba in Tehsil Jaswan, District Kangra, H.P. The petitioner is post graduate in three streams i.e. Mathematics, Sociology gand Economics.

i3. Respondent No.2-Commission advertised 212 posts of Headmasters (School Cadre) Class-II Non-Gazetted vide advertisement dated 23.09.2011 (Annexure P-1). As per this advertisement, the last date for receipt of the application was fixed as 22.10.2011 (08.11.2011 for remote areas). The petitioner being eligible also applied for the same through proper channel as in-service candidate, but under general category. As per condition in the advertisement, incomplete, defectively filled up, old, unsigned and zeroxed application forms will be rejected straightway and no subsequent correspondence will be entertained. As per condition NPo.2, the candidates claiming reservation must submit valid certificates of concerned category in support of the claim; in case of invalid certificates, the applications will be rejected; the category once claimed shall not boe changed. Further, if the candidate belongs to OBC cate gory, he/she is required to produce OBC certificate, wrhich should not be more than two years old at the time of last date fixed for receipt of applications, screening test and viva-voce, along-with latest affidavit duly attested by the authority authorized under the Indian Oath Act stating that his status as OBC has not changed and he/she is not excluded from the category of OBC on account of being covered under the creamy layer.

4. Admittedly, in the present case, as per averments in the petition, the petitioner belongs to OBC category, but for want of OBC category certificate, he had applied under the general category. It has been averred in the petition that the petitioner had applied for the said certificate, but it could not be issued to him. The screening test was scheduled on 07.02.