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Himachal Pradesh High Court · body

2014 DIGILAW 1395 (HP)

Ravinder Kumar v. State of H. P.

2014-10-10

RAJIV SHARMA, SURESHWAR THAKUR

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JUDGMENT Per Justice Rajiv Sharma, Judge. Superintendent of Police, Sirmaur District at Nahan issued an advertisement on 13.7.2012 for filling up 46 posts of Constables (male) and 16 posts of Constables (Female) in the pay scale of Rs.5910-20200 plus grade pay of Rs.1,900/-. Petitioner also participated in the selection process. He was placed at Sr. No.1 in the waiting list. Petitioner belongs to Scheduled Caste category (subcategory unreserved). One post reserved for Scheduled Caste category of ward of freedom fighter remained unfilled. The reserved seat for Scheduled Caste category of freedom fighter if not consumed was to be filled up from the scheduled caste category (sub-category unreserved). Petitioner made a representation seeking his appointment due to non-fulfillment of vacant post of sub-category of ward of freedom fighter. The representation was rejected on 22.1.2014. 2. Case of the petitioner was required to be considered as per the instructions, which were in vogue at the time when the selection process commenced. Respondents have relied upon instructions dated 20.11.2013 whereby it has been clarified that in the event of non-availability of children/grand children of freedom fighter against the vacancies reserved for them, the vacancy shall be carried forward for subsequent three recruitment years where after the same will automatically lapse and be filled up from the respective residuary category to which point belongs. Letter dated 20.11.2013 would apply prospectively and would not be applicable to the selection process which had already commenced before the issuance of this letter. 3. Petitioner has given the instances from District Kangra whereby one post of wards of freedom fighter has been added to female general (unreserved) category on the basis of letter dated 1.1.2011. Similarly, one post of OBC wards of freedom fighter has been added to male OBC category on the basis of letter dated 1.1.2011. Out of 7 posts reserved for general (HHG) category, only one candidate had qualified and the remaining 6 posts were filled up from general (unreserved) category in Mandi District. Out of 2 posts reserved for General (OSSP) category, only one candidate had qualified and the remaining one post has been filled up from general (unreserved) category on the basis of letter dated 18.6.2010. Out of three posts reserved for SC (HHG) category, only one candidate had qualified and the remaining two posts were filled up from SC (unreserved) category. Out of 2 posts reserved for General (OSSP) category, only one candidate had qualified and the remaining one post has been filled up from general (unreserved) category on the basis of letter dated 18.6.2010. Out of three posts reserved for SC (HHG) category, only one candidate had qualified and the remaining two posts were filled up from SC (unreserved) category. Thus, total 13 posts have been filled up from scheduled caste (unreserved) category. Two posts of OBC (HHG) category were filled from OBC (unreserved) category due to non-availability of candidates. 4. Case of the petitioner was to be treated at par with these candidates. The representation of the petitioner has been rejected on the basis of letter dated 20.11.2013 instead of deciding the same as per letters dated 18.6.2010 and 1.11.2011. One candidate Sh. Pardeep Kumar, who belonged to scheduled caste (unreserved) category was not awarded marks for NCC “C” certificate. The Board on its own has decided to give him 3 marks, which led to placing the name of petitioner at Sr.No.1 of the waiting list. Petitioner has sought information under Right to Information Act. According to the information supplied to him, one post reserved for scheduled caste category of wards of freedom fighter is lying vacant. 5. Accordingly, in view of the analysis and discussion made hereinabove, the petition is allowed. Annexure P-15 dated 22.1.2014 is quashed and set aside. Respondents are directed to appoint the petitioner as Constable under Scheduled Caste category (sub-category unreserved) within a period of four weeks from today. Pending application(s), if any, also stands disposed of. No costs.