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2020 DIGILAW 723 (HP)

Baneet Kumar v. State of Himachal Pradesh

2020-10-12

CHANDER BHUSAN BAROWALIA, SURESHWAR THAKUR

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JUDGMENT Sureshwar Thakur, J. - In pursuance, to, an Advertisement, borne in Annexure P-1, hence, applications became invited, from, eligible aspirants, for, recruitment(s) being made, vis- -vis, the advertised post(s), of, Patwari. The writ petitioner participated in the relevant recruitment process. However, in the aspired apposite OBC unreserved category, he did not succeed. In other words, the name of the writ petitioner, did not exist, in the merit list drawn, vis- -vis, candidates belonging, to, the OBC unreserved category. Significantly, in the afore category, 12 candidates, as is apparent, on a reading of Annexure R-1, hence appended to the reply, furnished to the extant writ petition, by the respondents-State, became declared successful. 2. Be that as it may, the learned counsel, appearing on behalf of the writ petitioner, has contended that, since one, amongst the candidates, whose names occurred in the waiting list, as became drawn, vis- -vis, the afore category, inasmuch as, one Ashish Kumar, did not join, as a Patwari, (a) thereupon, the writ petitioner, whose name also occurred in the waiting list, as became drawn, qua the afore category, hence became entitled to become invited, after completion of all the requisite verificatory process(es), rather to, join as a Patwari, under the respondents concerned. 3. A perusal of Annexure P-1, underscores, vis -vis, the relevant process(es), commencing in the month of September, 2019, and, the merit of successful candidates, who participated in the afore recruitment process(es), as became drawn, for the advertised post(s) of Patwari, concluding, on 20.12.2019. As afore stated, the, name of the petitioner, did not exist in the list, of, meritorious candidates, as became prepared, vis- -vis, the apposite category, appertaining to OBC unreserved. Though, one Shri Ashish Kumar, figured at Sr. No.1, in the merit list drawn, vis- -vis, candidates belonging to OBC unreserved category, however, the afore, did not initially join, as, a Patwari, (a) yet subsequently, as unfolded by Annexure R-5, he, in the month of July, 2020, hence within one year from the date of completion(s), of, the relevant recruitment process(es), affirmatively re-asked, through addressing a letter, to, the District Revenue Officer, Hamirpur, for his being permitted, to, make his joining(s), vis- -vis, the afore post(s), whereagainst, he became selected. 4. From the perusal, of, the reply, meted to the writ petition, by the respondents-State, it appears that, the afore belated endeavor, of, the afore Ashish Kumar, became accepted. 4. From the perusal, of, the reply, meted to the writ petition, by the respondents-State, it appears that, the afore belated endeavor, of, the afore Ashish Kumar, became accepted. Moreover, a perusal of the reply, meted to the writ petition, by respondents-State, also underscores, the, further factum, vis- -vis, the name of the writ petitioner, hence occurring at Sl. No. 3, of, the appositely drawn waiting list, qua the category, appertaining to OBC unreserved. Since it is also evident, on a reading, of the reply, furnished to the writ petition, by the contesting respondents, qua those two candidates whose names, hence occurred above the writ petitioner, in the appositely drawn waiting list, being offered appointment(s), as Patwari(s), (i) and, when the afore contention, raised in the reply, made, on an affidavit, remains unrebutted, by any cogent material in displacement(s) thereof, (ii) thereupon(s), the afore made contention(s) acquire(s) utmost tenacity, and, solemnity. Consequently, the writ petitioner cannot pray, for, any mandamus, being pronounced, upon, the respondents, for, the latter, issuing an apposite appointment letter, to him. 5. Even though, one Ashish Kumar, who topped the list, of, meritorious candidates, as became drawn, vis- -vis, the OBC unreserved category, did not initially, give his joining, as a Patwari, (a) and when the afore accepted request, occurred within seven months, hence elapsing from pronouncement, of, the apposite results, (b) thereupon, the writ petitioner, cannot cast, any valid challenge, vis- -vis, the afore accepted request(s) of joining(s), as, made by, one, Ashish Kumar, and who had, rather topped the merit list, nor the afore accepted joining, of, one Ashish Kumar, hence by the respondents, can acquire any legal flaw, reiteratedly with his topping the merit list, nor could he become, precluded, to, join, as, a Patwari. Moreover, since the tenure of the waiting list, does extend, upto one year, thereupon, also the afore acceptance, of, joining of one Ashish Kumar, hence visibly occurring within less than one year, since, the, commencement, of, the apposite recruitment process(es), (c) and the petitioner also not challenging the factum, as displayed in the reply furnished to the writ petition, hence by the contesting respondents, qua his name, occurring at Sl. No. 3, of, the waiting list, (d) and preeminently when, the names, of, two candidates, occurred above him, in the waiting list, and the afore two candidates, hence occurring above the writ petitioner, rather in the waiting list, also became offered appointment letters, and theirs also joining service, as, Patwari(s), thereupon, the writ petitioner cannot claim, qua any vacancy, hence arising in the waiting list, against the advertised post(s), of, Patwari(s), either on anvil, of, non-joining of the selected candidates, borne in the select list, or, in the waiting list, or, upon the resignation(s), of the selected candidate(s), nor, hence can he claim any rendition of, a, mandamus, upon the respondents, to, offer him, an, appointment, letter, as a Patwari. 6. Consequently, there is no merit in the extant writ petition, and, the same is accordingly dismissed. No order as to costs. All pending applications are disposed of.