IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.3490 of 2026 th Decided on 24 March, 2026 Rakesh Bhardwaj …Petitioner Versus State of Himachal Pradesh and another …Respondents Coram Hon’ble Mr. Justice Ajay Mo han Goel, Judge

1 Whether approved for reporting?

For the petitioner: Mr. Vinay Sharma, Advocate, through V.C.

For the respondents: Mr. Pushpinder Jaswal, Additional Advocate General.

Ajay Mohan Goel, Judge (Oral By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-

i) “Issue a writ of certiorari to quash and set-aside the impugned office order dated 28.02.2026 (Annexure P-2) issued by the respondent No. 2, whereby 28 Lecturers belonging D exclusively to the Scheduled Caste category have been promoted to the post of Principal (School Cadre) in gross violation of the mandatory reservation roster and the applicable Recruitment and Promotion Rules;

ii) Issue a writ of mandamus directing the respondents to strictly apply the reservation roster while effecting promotions to the post of Principal (School Cadre) from the cadre of Lecturers, in accordance with the Recruitment and Promotion Rules framed under the proviso to Article 309 of the Constitution of India and the constitutional mandate enshrined in Articles. 14, 16(1) and 16(4) thereof; P iii) Issue a writ of mandamus directing the respondents to forthwith consider the case of the Petitioner for promotion to the post of Principal (School Cadre) strictly in accordance with his position in the seniority list and in conformit y with the reservation roster and the applicafble Recruitment and Promotion Rules, anod to issue the consequential promotion order in his favour within such time as this Hon'ble Court m ay be pleased to fix;

iv) Issue a writ of mandamus, directing the to convene a fresh respondents Departmental Promotion Committee for filling up the vacant posts of Principal (School Cadre) from the cadre of Lecturers through thoe Himachal Pradesh Public Service Commission, as mandatorily required under the applicable Cstatutory rules, after duly applying the reservation candidates including the General Category;

v) Issue a writ of mandamus directing the respondents to give the Petitioner all consequential service benefits flowing from such promotion, including fixation of pay in the promotional scale, counting of the period of stagnation for the purpose of seniority i and pensionary benefits, and all other financial H entitlements as may be admissible under the applicable rules, from the date on which he ought to have been promoted in accordance with law;

vi) Issue a writ of mandamus directing the respondents to maintain and strictly follow the reservation roster in all future promotional exercises to the post of Principal (School Cadre) and to take immediate corrective measures rectify the excess representation of the Scheduled Caste category beyond its prescribed quota of 15% of the total sanctioned strength of 1009 posts of Principal (School Cadre), in accordance with the mandate of the Constitution and the applicable rules.”

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2. The grievance of the petitioner is with regard to the promotions that have been effected upHon 28 persons vide notification dated 28.02.2026. A perusal of the petition demonstrates that none of the persons, who stand promoted, and notification with regard to whose promotions has been assailed by way of this writ petition, have been impleaded as party respondents in the writ petition.

3. In light of this fact, as the petition is bad for non- joinder of necessary parties, the same is dismissed, with liberty to th e petitioner that, if so advised, he may approach the Court afresh by impleading all the necessary parties as party respondents.

H 4. Pending miscellaneous applications, if any, also stand disposed of.

(Ajay Mohan Goel)

Judge March 24, 2026 (Vinod)