##PAGE1##

2026:HHC:16270

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 6336 of 2023

Decided on: 12.05.2026

Baby Rani …….Petitioner

Versus

State of Himachal Pradesh and another … Respondents

Coram

Hon’ble Mr. Justice Ajay Mohan G oel, Judge.

Whether approved for reporting?1 Yes

_____________________________________________________

For the petitioner : u Mr. Tara Singh Chauhan, Senior

Advocate with Mr. Surya Chauhan,

Advocate.

For the respondents : Mr. Pushpender Jaswal, Additional

Advocate General with Mr. Rajat

Chauhan, Assistant Advocate General

for respondent No. 1.

: Mr. Vikrant Thakur, Advocate for

respondent No. 2.

Ajay Mohan Goel, Judge (Oral)

i By way of this writ petition, the petitioner has inter alia

prayed for the following reliefs:-

“i) That a writ of mandamus directing the respondents to

recommend the name of the petitioner for appointment in

pursuance to Annexure P-4 and as per rules per rule ix of

respondent No.2, may be issued.

ii) That a time-bound direction may be given to respondent

No. 2 to send the sponsor the name of the petitioners

1 Whether reporters of the local papers may be allowed to see the judgment?

::: Downloaded on - 19/05/2026 01:12:18 :::CIS

2

2026:HHC:16270

forthwith.”

2. The issue involved in this case is in a very narrow

compass. Process was initiated by the Himachal Pradesh Public

Service Commission to fill up certain oposts of Assistant District

Attorneys. In terms of the said process, 24 posts of Assistant

District Attorneys were to be filled in, including one post reserved for

Scheduled Caste categoryu. The petitioner applied for the post under

the said category.

3. In terms of the final result declared by the Authorities,

one Ms. Babita Dhiman was selected against the Scheduled Caste

category candidate. According to the petitioner, she was next in

merit as far as Scheduled Caste category candidates were concerned.

4. Her grievance is that after the name of Ms. Babita

H Dhiman was recommended by the Public Service Commission to the

employer and appointment was offered to her, Ms. Babita Dhiman

joined the post and thereafter tendered her resignation. Thereafter,

the petitioner staked her claim to be appointed against the said post,

but appointment has not been offered to her.

5. Learned Senior Counsel appearing for the petitioner

argued that it is not in dispute that petitioner was No. 2 in the order

of merit after Ms. Babita Dhiman as far as Scheduled Caste

::: Downloaded on - 19/05/2026 01:12:18 :::CIS

3

2026:HHC:16270

candidates are concerned. He submitted that it is a matter of record

that Ms. Babita Dhiman, after joining the post, tendered her

resignation and vacated the post. He submitted that therefore the

act of the respondents of not offering the post to the candidate who

is next in line of merit is not sustainable in the eyes of law.

Accordingly, learned Senior Counsel submitted that a mandamus be

issued to the respondents, directing them to offer the unfilled post to

the present petitioneor.

6. Learned Counsel for the Public Service Commission

referred to the reply filed by the Commission and submitted that in

the prhesent case, it is not as if the selected candidate did not join the

post in issue and the post remained unfilled. He submitted that after

the name of the Ms. Babita Dhiman was recommended by the Public

Service Commission, she was offered appointment. She joined the

post on the basis of said appointment letter but later tendered her

resignation. Learned Counsel submitted that above facts

demonstrate that it is not as if the seat remained unfilled. It was

occupied by the selected candidate and thus the post stood

exhausted. He submitted that the subsequent resignation tendered

by the selected candidate is of no help to the petitioner because once

the seat stood exhausted, as per rule, it could not be offered to the

::: Downloaded on - 19/05/2026 01:12:18 :::CIS

4

2026:HHC:16270

next candidate in merit as per the earlier process. Learned Counsel

also referred to Rule-7(D) (iv) of Chapter V of the Himachal P