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Himachal Pradesh High Court · body

2014 DIGILAW 142 (HP)

Sunita Rana v. State of H. P.

2014-03-03

DHARAM CHAND CHAUDHARY, SANJAY KAROL

body2014
JUDGMENT Sanjay Karol, Judge (Oral) Petitioner has mainly prayed for the following reliefs:- “(I) That the respondents may kindly be directed to allow the petitioner to appear in the interview for the post of language teacher and issue appointment letter as the petitioner is fully eligible to be appointed as such. II That the respondents may kindly be directed to constitute the fresh board for conducting the fresh interview of the petitioner for the post of language teacher and issue her appointment letter if she found otherwise eligible on batch wise basis.” 2. Mr. Anil God, learned counsel for the petitioner fairly states that the issue now stands conclusively decided by the Division Bench of this Court vide judgment dated 13.8.2013, passed in CWP No.5758 of 2013-F, titled as Pawninder Singh & another vs. H.P. State Electricity Board Ltd. 3. In Pawninder Singh (supra), Court has held as under:-“Relief claimed by the petitioners is that their case be considered for appointment to the spot of Junior Engineers (Electrical), on batch-wise basis, from the date their juniors stand appointed. They submit that their cases have not been considered for the reason that they are over age. 2. It is seen that on similar question of law, this Court vide judgment dated 3.7.2013, in CWP No.338 of 2013-D, titled as Smt. Sanjeevna Sharma versus State of H.P. and others, after relying upon the decision rendered by this Court in CWP No.300 of 2012, titled as Shanina Kapoor versus State of H.P. and others, has held that in case incumbents fulfill the criteria of qualification with regard to age and the names are registered with the Employment Exchange before attaining the age of 45 years, they shall be treated to be validly appointed in terms of the qualification with regard to age. 3. As such, we allow this petition and direct the respondents that in case the petitioners have qualified, have been interviewed and are eligible as per law, they be appointed to the post of Junior Engineers. The question of age will not be considered in case of the petitioners. Petition stands disposed of, as also pending application(s), if any.” 4. We find that the petitioner is similarly situated, hence, petition is disposed of clarifying that age shall not be considered as a disability against the present petitioner for recruitment on batch-wise basis. The question of age will not be considered in case of the petitioners. Petition stands disposed of, as also pending application(s), if any.” 4. We find that the petitioner is similarly situated, hence, petition is disposed of clarifying that age shall not be considered as a disability against the present petitioner for recruitment on batch-wise basis. Petition stands disposed of, so also pending application(s), if any.