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2021 DIGILAW 136 (HP)

Vishal Bukhta v. State of H. P.

2021-03-10

SANDEEP SHARMA, SURESHWAR THAKUR

body2021
JUDGMENT : SURESHWAR THAKUR, J. 1. The writ petitioners herein, claims making, of, a mandamus, upon, the respondent to apply, vis-a-vis the apposite advertised post, as he satiates, the eligibility criteria, as becomes embodied in the R&P Rules of 2012. 2. The advertisement notice, recruitment process appertaining to the advertised post concerned, hence commenced, became issued in the year 2020 and the apposite eligibility criteria warranting apposite satiation, becomes embodied, in the R&P Rules of 2017. 3. The learned counsel appearing for the writ petitioner contends, that the applications of the Recruitment and Promotion Rules of 2017, to the advertised post, does bring grave prejudice, to the chances and opportunities of the writ petitioner, hence being considered for selection and appointment there-against, as, the newly introduced therein eligibility criteria, remains un-satiated, by the writ petitioner, whereas, the writ petitioner, did satiate, the eligibility criteria as became embodied, in, the prior thereto Rules of 2012. Consequently, the learned counsel appearing for the writ petitioner prays that the R&P Rules of 2012, be made applicable, to the advertised post and thereafter a mandamus, be issued, upon the respondents, to consider the therein carried eligibility criteria, to be only relevant eligibilising parameter, to/for thereafter, the recruitment process becoming validly initiate. 4. However, the afore made claim in the writ petition, deserves, its being straight way rejected, as it falls in the completes disharmony, with the binding, and, conclusive verdict, recorded by the Hon'ble Principal Division Bench of this Court, upon, Review Petition No. 3 of 2019, titled as Joginder Pal vs. State of H.P. and Others, decided on 8th March, 2019, operative Paragraph No. 16 whereof, stands extracted hereinafter:- “16. The action of the Department in taking - steps for concluding the selection process initiated and completed before 22.09.2017 as per the 2012 Rules, therefore, cannot be faulted for anything contrary thereto would negate the mandate of Sub-Rule (2) of Rule 2, which has an over riding effect on the other provisions of 2017 Rules. The Reference stands accordingly answered in above terms: (I) wherein a categorical diktat, stands expounded, that the R&P Rules of 2012, do appertain only, upon, the relevant selection processes, becoming initiated, and, also becoming completed before 22.09.2017. The Reference stands accordingly answered in above terms: (I) wherein a categorical diktat, stands expounded, that the R&P Rules of 2012, do appertain only, upon, the relevant selection processes, becoming initiated, and, also becoming completed before 22.09.2017. Since, contra therewith, the selection process to the extant advertised post, becomes initiated through an advertisement, hence made, in the year 2020, rather, subsequent to the afore cut off date of 22.09.2017, as, occurs in the verdict supra, thereupon, the writ petitioner cannot claim that the Rules of 2017, are not applicable to the exactly initiated recruitment process and that the prior thereto R&P Rules of 2012 hence are applicable thereon.” 5. For the foregoing reasons there is no merit in the extant writ. Accordingly, they are dismissed. No order as to the all pending applications also stand disposed of.