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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

LPA No.191 of 2026 Date of Decision : 08.04.2026 Dr. Gurcharan Singh Chaudhary …… Appellant Versus

State of Himachal Pradesh and others …… Respondents Coram:

The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?¹

For the a ppellant : Mr. Mehar Chand Jamwal, Advocate.

For the respondents : Ms. Priyanka Chauhan, Deputy Advocate General, for respondent No.1/State.

Mr. Vikrant Thakur and Mr. Shubham Guleria, Advocates, for respondent No.2.

Bipin Chander Negi, Judge The present appeal has been preferred against the

impugned judgment dated 16.05.2025, passed by learned Single Judge, in CWPOA No.4633 of 2020, titled Dr. Gurcharan Singh vs. State of H.P. and others, whereby, the writ petition filed by the present appellant has

been dismissed.

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

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2. Brief facts giving rise to the case at hand are that respondent No.2 had issued an advertisement dated 06.12.1996 for filling up of 14 posts of Homeopathy Doctors (Class-II) in the Department of Ayurveda. One of the essential qualifications for being appointed was requirement of five and half years Degree in Homeopathy from a

recognized Institute.

3. Admittedly, in the case at hand, present appellant had passed a four years Diploma Ctourse in Homeopathic Medicine and Surgery in the year, 1988. Other than the aforesaid, the appellant was registered with the Council of Homeopathic System of Medicine, Himachal

Pradesh, Shimla, on 07.11.1992.

4. Insofar as four years Diploma in Homeopathy is concerned, one time relaxation had been granted in favour of the candidates who had obtained the same prior to enforcement of Homeopathic Regulation, 1983 (date of enforcement is 11.05.1983). In the aforesaid backdrop, the candidature of the appellant was rejected vide communication dated

04.06.1997.

5. The rejection, in the year, 1997 was challenged by way of writ proceedings in the year, 2018. At the time of challenge, the appellant had attained age of 57 years. In the petition so filed, relief qua appointment of the appellant was sought from the date of appointment of his junior, i.e., respondent No.3. In the aforesaid factual matrix, learned Single Judge had correctly dismissed the petition filed by the present

appellant on the ground of delay and latches.

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6. Other than the aforesaid, respondent No.1 had placed on record copy of judgment dated 20.12.2010 passed by a Co-ordinate Bench of this Court in CWP(T) No.4065 of 2008, titled Sunil Kumar & another vs. HP Public Service Commission & others, in which the appellant was petitioner No.2. The moot question, which came up for consideration therein was, as to whether a person having four and half years Diploma after 1983, is eligible to be appointed as Homeopathic Doctor. Therein, it had been held tthat a person having four and half years Diploma after 1983, was not eligible to be appointed as Homeopathic Doctor. The factum of filing of the said petition, on a previous occasion,

had been concealed by the appellant.

7. In view thereof, learned Single Judge had correctly dismissed the petition filed by the present appellant on the ground of suppression of material facts also. The last but not least, parity being claimed by the present appellant with the case of one Doctor Poonam Kaushal, in the absence of any material on record, was correctly rejected

by the learned Single Judge.

8. In view of above, present appeal being devoid of any merit is dismissed. Pending miscellaneous application(s), if any, shall also

stand disposed of.

( G.S. Sandhawalia)

Chief Justice

( Bipin Chander Negi)

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April 08, 2026 Judge (KS)

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