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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 9th DAY OF DECEMBER, 2021 BEFORE HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN &
HON'BLE MR. JUSTICE SATYEN VAIDYA LETTERS PATENT APPEAL NO. 66/2021 BETWEEN:
KHEM RAJ, SON OF SH. DAYA RAM, RESIDENT OF VILLAGE SIDHOKOTHI, POST OFFICE KOTHI, TEHSIL BALH, DISTRICT MANDI, H.P.
…. APPELLANT.
(BY SH. RUPINDER SINGH THAKUR, ADVOCATE)
AND
1. STATE OF H.P. THROUGH ITS PRINCIPAL SECRETARY (EDUCATION) TO THE GOVERNMENT OF HIMACHAL PRADESH, H.P. SECRETARIAT, SHIMLA-2.
2. HIMACHAL PRADESH PUBLIC SERVICE COMMISSION, THROUGH ITS SECRETARY, NIGAM VIHAR, SHIMLA-2.
3. DIRECTOR OF H.P. HIGHER EDUCATION, DEPARTMENT SHIMLA, H.P.
4. PRAKASH, SON OF SH. MAST RAM, RESIDENT OF VILLAGE UPPER BAROT, P.O. FATEHPUR, TEHSIL SARKAGHAT, DISTRICT MANDI, H.P.
5. PANKAJ MANHAS, SON OF SH. KARNAIL SINGH, RESIDENT OF VILLAGE NAGROTU, P.O. DARKATI, TEHSIL JAWALI, DISTRICT KANGRA, H.P.
6. LOP CHAND, SON OF SH. KESHAV RAM, RESIDENT OF VILLAGE BELUDHAR, P.O. KHANEOL BAGRA, TEHSIL KARSOG, DISTRICT MANDI, H.P.
…RESPONDENTS.
7. KUMAR ASHUTOSH, SON OF SH. BHAG SINGH, RESIDENT OF VILLAGE AND POST OFFICE JALARI, TEHSIL NADAUN, DISTRICT HAMIRPUR, H.P.
8. MOHINDER SINGH, SON OF SH. JULFI RAM, RESIDENT OF VILLAGE KOT WARD NO.1, P.O. NADAUN, DISTRICT HAMIRPUR, H.P.
9. ARTI, D/O SH. SATISH KUMAR, RESIDENT OF WARD NO.1, P.O. DHUSARA, TEHSIL AMB, DISTRICT UNA, H.P.
....PROFORMA RESPONDENTS.
(MR. RAJINDER DOGRA, SR. ADDL. A.G., MR. SHIV PAL MANHANS, MR. VINOD THAKUR, ADDL. A.GS. AND MR. BHUPINDER THAKUR, DY.A.G. FOR R-1 & R-3)
(SH. VIKRANT THAKUR, ADVOCATE, FOR R-2 WITH SH. D.K. RATTAN, SECRETARY, H.P.P.S.C.)
(SH. BALWANT SINGH THAKUR, ADVOCATE, FOR R-4 & R-6)
LETTERS PATENT APPEAL NO. 52/2021 BETWEEN:
1. SURESH MOHAN THAKUR, SON OF SHRI MADAN MOHAN, AGED 43 YEARS, RESIDENT OF VILLAGE DINGER, POST OFFICE MANGARH, TEHSIL PACHHAD, DISTRICT SIRMAUR, HIMACHAL PRADESH.
2. AKHILESH THAKUR, SON OF SHRI HOMINDER SINGH, AGED 33 YEARS, RESIDENT OF VILLAGE KHAIL, POST OFFICE DEWAT, TEHSIL CHOPAL, DISTRICT SHIMLA, HIMACHAL PRADESH.
3. SANJEEV CHAUHAN, SON OF GOVIND CHAUHAN, AGED 28 YEARS, RESIDENT OF VILLAGE KARALISH, POST OFFICE KANSA KOTI, TEHSIL ROHRU, DISTRICT SHIMLA, HIMACHAL PRADESH.
…. APPELLANTS.
(BY SH. RUPINDER SINGH THAKUR, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH, THROUGH SECRETARY (EDUCATION) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.
2. HIMACHAL PRADESH PUBLIC SERVICE COMMISSION, THROUGH ITS SECRETARY, NIGAM VIHAR, SHIMLA-2.
…RESPONDENTS.
(MR. RAJINDER DOGRA, SR. ADDL. A.G., MR. SHIV PAL MANHANS, MR. VINOD THAKUR, ADDL. A.GS. AND MR. BHUPINDER THAKUR, DY.A.G. FOR R-1)
(SH. VIKRANT THAKUR, ADVOCATE, FOR R-2)
WITH SH. D.K. RATTAN, SECRETARY, H.P.P.S.C.)
___________________________________________________________________
These appeals coming on for admission after notice this day, Hon'ble Mr. Justice Tarlok Singh Chauhan, delivered the following:
J U D G M E N T
Since common questions of law and facts arise for consideration in these appeals, the same are taken up together for hearing and are being disposed of by a common judgment.
2. The appellants-writ petitioners aggrieved by the judgment passed by the learned writ Court on 01.07.2021 have filed the instant appeals.
3. The appellants-writ petitioners approached the writ Court for grant of the following substantive reliefs:-
CWP No. 1107 of 2020.
“ i) That writ in the nature of certiorari may kindly be issued and the written test dated 23.2.2020 for the post of lecturer of Commerce subject (School Cadre) conducted in pursuance to the advertisement dated 2.11.2019 (annexure P-1) may kindly be quashed and set aside.
ii) That the writ in the nature of mandamus may kindly be issued and the respondent commission be directed to conduct the written examination for the post of lecturer of Commerce subject(School Cadre) in pursuance to the advertisement dated 2.11.2019 afresh in both language i.e. Hindi and English in the interest of justice and fair play.”
CWP No. 1111 of 2020.
“i) That a writ in the nature of certiorari may kindly be issued thereby quashing and setting aside the examination held on 23.2.2020 for the post of Lecturer (Commerce) by the Himachal Pradesh Public Service Commission in pursuance to advertisement dated 10.12.2019.
ii) That the respondent may be directed to hold fresh examinations/screening test for the post of Lecturer (Commerce) by the Himachal Pradesh Public Service Commission in pursuance to advertisement dated 10.12.2019 by setting the question paper in both the languages i.e. Hindi and English.
iii) That, in the alternative, respondent may be directed to hold limited screening test for the candidates, who intend to take examination in Hindi medium like petitioners, for the post of Lecturer(Commerce) as advertised vide annexure P-4.
iv) That the respondent may be directed to fix the responsibility of the officer/official in the helm of affairs, who has mooted the proposal for setting up question paper in English only and departmental enquiry may be initiated against him.”
4. It would be noticed that the sole grievance of the writ petitioners was that the question paper for the post in question i.e. Lecturer (Commerce) was only in English language as against bilingual languages i.e. Hindi and English, as was being done in the previous years.
5. The respondent-Himachal Pradesh Public Service Commission (for short ‘Commission’) contested the petitions wherein it was averred that the exam. was held in the year 2016 with the same essential qualification and the question papers used to be set in bilingual language in the subject of Commerce, but in view of the essential qualification No.II i.e. proficiency in teaching Hindi and English, the Commission decided to conduct the said examination in English language. This was done in compliance to the letter of the Government dated 18.07.2017 vide which the selection on the basis of the personality test had been dispensed with for Class-III and IV and, therefore, the Commission had no option, but to adjudge the knowledge of the candidates as per essential qualification No.II in the language of English, Hindi being a lingua franca language. Moreover, there was no descriptive type paper for the written objective examination for the posts of Lecturer (School New) vide which the knowledge of English language of the candidates could be adjudged.
6. The learned writ Court dismissed the petitions, but it appears that the records of the case were not produced before the learned writ Court.
7. After hearing the matter for some time on 08.12.2021, we directed the Secretary of respondent No.2 i.e. Himachal Pradesh Public Service Commission, to appear before this Court along with relevant records.
8. We may, at this stage, refer to the letter dated 04.03.2020 written by the then Secretary, H.P. Public Service Commission to the Director, Higher Education, Himachal Pradesh, Shimla, t
