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2013 DIGILAW 905 (HP)

NARESH SHARMA v. HP PUBLIC SERVICE COMMISSION

2013-10-22

A.M.KHANWILKAR, KULDIP SINGH

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JUDGEMENT A.M.KHANWILKAR, J. 1. HEARD counsel for the parties. As short question is involved, the petitions are taken up for final disposal forthwith, by consent. This common order will dispose of both the writ petitions, as overlapping contentions have been raised. 2. IT is not in dispute that the HP Public Service Commission issued advertisement No. V/2012 on 5th January, 2013. Admittedly, the advertisement does not mention the fact that one post of Block Development Officer for WFF (Ward of Freedom Fighter) category has been reserved. The last date for submitting applications pursuant to the said advertisement was fixed as 4th February, 2013 and all forms were to be submitted only on line. Much later thereafter, an addendum was issued by the HP Public Service Commission on 27th May, 2013 notifying that amongst the post already notified vide advertisement dated 5th January, 2013, one post of Block Development Officer pertains to the category of WFF. According to the petitioners, after the addendum was issued, they made attempt to submit applications for the post of Block Development Officer reserved for WFF category. However, their applications were turned down. 3. THE question is whether it is open to the Public Service Commission to notify the reservation of one post for WFF category by way of addendum and that too after the last date of submission of the applications, pursuant to the advertisement No.V/2012. In our opinion, the answer is emphatic no, inasmuch as if the Public Service Commission had notified in the said advertisement No.V/2012 itself that one post was reserved for WFF category, the aspiring candidates covered under the said category would have submitted applications and participated in the selection process. The aspiring candidates belonging to the said category have been denied of that opportunity with regard to the public post. That cannot be countenanced. The stand of the Public Service Commission that the petitioners, who have applied for other (general) category pursuant to the advertisement No.V/2012 can be considered against the reserved post of WFF cannot be countenanced. That would be leaving out other aspiring candidates, who would have willingly applied if the post was notified to be reserved for WFF category. In the circumstances, the only option to meet the ends of justice is to quash the addendum dated 27th May, 2013 notifying one post of Block Development Officer as reserved for WFF category. 4. That would be leaving out other aspiring candidates, who would have willingly applied if the post was notified to be reserved for WFF category. In the circumstances, the only option to meet the ends of justice is to quash the addendum dated 27th May, 2013 notifying one post of Block Development Officer as reserved for WFF category. 4. THE petitions would succeed only to this limited extent. The Public Service Commission may proceed to declare the results for other posts advertised vide advertisement No. V/2012 and proceed in the matter in accordance with law. The Public Service Commission shall declare results of only those candidates, who had applied prior to the cut off date given in the advertisement dated 5th January, 2013 i.e. prior to 4th February, 2013 and of no other candidates. Counsel for the petitioner in writ petition No. 7712 of 2013 submits that the said petitioner has applied within the prescribed time for general category post. That is a matter to be examined by the Public Service Commission and to take appropriate decision in that behalf. We are not expressing any opinion with regard to the correctness of the said submission. Both the petitions disposed of accordingly.