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Himachal Pradesh High Court · body

2014 DIGILAW 1498 (HP)

Devinder Singh v. State of Himachal Pradesh

2014-10-21

RAJIV SHARMA, SURESHWAR THAKUR

body2014
JUDGMENT : Rajiv Sharma, J. Petitioner's name was registered in Regional Employment Office, Mandi vide registration No. 2834/2010 N.C.O. No. 153.10 on the basis of educational qualification diploma in J.B.T. from AEC Training College and Centre, Panchmarhi for six months and 10+2. Respondent No.2 notified 154 posts of Patwari in Mandi District, out of which 23 posts were reserved for Ex-servicemen category, wherein 14 posts were for Ex-servicemen General category. Petitioner belongs to General category. Remaining 9 posts of Ex-servicemen category were for reserved categories i.e. S.C./S.T./ O.B.C./ Ex-servicemen category. Last date of receipt of application was 2.11.2013. Written test was held on 8.12.2013. 2. According to the reply filed by respondents No. 1 and 2, Deputy Commissioner, Mandi had sought requisition of eligible candidates of Ex-servicemen for the recruitment of Patwari candidates in Mandi District from respondent No.3, i.e. Director, Sainik Welfare, Himachal Pradesh. Respondent No.3 conveyed vide letter dated 29.10.2013, which was received in the office of respondent No. 2 on 13.11.2013 that their office was busy in conducting the interview of various posts. According to them, soon after the process was over their office would be able to screen and sponsor eligible Ex-servicemen for the post of Patwar training. However, no recommendation was received till the filing of the reply. 3. According to the reply filed by respondent No. 5, name of the petitioner in fact was sponsored vide letter No. OCD/49/2013-4138 dated 23.11.2013 in the list of General Ex-servicemen at Sr. No. 22. Petitioner's code was 153.10/X01.20 and 571.30 on the basis of educational qualification. Respondents No. 3 and 4 also filed reply to the petition. They have also contended that the candidates who had applied for the post under the NCO Code X01.20 against General vacancies or for particular post of Patwari were only called for interviews for the training by the State Selection Committee. 4. Name of the petitioner, as per reply filed by respondent No. 5, was for Code NCO 153.10/X01.20 and 571.30. It was incumbent upon respondents No.3 and 4 to sponsor the name of the petitioner after holding screening. Once the requisition had been sent by respondent No. 2, it was not open to respondent No. 3 to contend that they were busy in other selection process. 5. Mr. M.A. Khan has vehemently argued that petitioner could apply directly. It was incumbent upon respondents No.3 and 4 to sponsor the name of the petitioner after holding screening. Once the requisition had been sent by respondent No. 2, it was not open to respondent No. 3 to contend that they were busy in other selection process. 5. Mr. M.A. Khan has vehemently argued that petitioner could apply directly. However, the fact of the matter is that petitioner belongs to Ex-servicemen category. He was in possession of basic qualification. His code was 153.10/X01.20 and 571.30. The mode of recruitment for Ex-servicemen is separate from the routine selection process. Petitioner's name was to be screened by respondents No.3 and 4 and if found suitable his name was to be sponsored directly. He was fully eligible for the training of Patwari. The action of the respondents in not considering the case of the petitioner for the training of Patwari is declared invalid. 6. Accordingly, the writ petition is allowed. Respondents No. 3 and 4 are directed to sponsor the name of petitioner for the training of Patwari to respondent No. 2. Respondent No.2 shall take all the necessary steps towards the training of the petitioner. Pending application(s), if any, also stands disposed of. No costs.