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2023 DIGILAW 539 (HP)

Sh. Basant Kumar v. State of Himachal Pradesh

2023-12-15

AJAY MOHAN GOEL

body2023
JUDGMENT : Ajay Mohan Goel, J. By way of this writ petition, the petitioners have primarily prayed for the following reliefs:- “i) That the respondents may kindly be directed by way of issuance the appropriate writ and order that the respondents be directed to fill up the vacancies from the waiting list as prepared by the them contained as Annexure P-4 for the posts of Junior Office Assistant (IT) under visual impaired category and the fresh advertisement dated 21-11- 2023 contained as Annexure P-7 may kindly be quashed and set aside qua to the visual impaired persons.” 2. The case of the petitioners is that an advertisement was issued inviting applications for the post of JOA (IT) under Physically Handicapped quota, vide Annexure P-1, dated 06.06.2022. The petitioners being eligible to participate in the process, participated therein. Pursuant thereto, as per the proceedings of the Department Selection Committee for evaluation of the documents of the applicants, for recruitment to the post of JOA (IT) in the H.P. Forest Department, held on 11.07.2022, under the Chairmanship of the Principal Chief Conservator of Forests for the multiple disabilities categories, a list of selected candidates was prepared. Copy of said proceedings is appended with the petition as Annexure P-3. In terms of the proceedings of the said Departmental Selection Committee, one Shri Ajay Kumar, Shri Chander Mani and Ms. Sanjeev Kumar were selected for the post in issue whereas petitioners No. 1 and 2 were reflected at Sr. No. 3 and 4 in waiting list. 3. The grievance of the petitioners is that despite the fact that the candidates, who were selected by the Departmental Selection Committee, did not join, the posts in issue were not offered to the petitioners and now the respondent-Department has issued fresh advertisement (Annexure P-7), in terms whereof, the posts stand re- advertised. 4. Having heard learned Counsel for the petitioner, this Court is of the considered view that there is no infirmity in the act of the respondents in issuing a fresh advertisement for inviting applications from eligible candidates to apply to the post in issue. 5. In terms of Annexure P-4, three candidates were selected for the post in issue in the proceedings of the Departmental Selection Committee which was held on 11th July, 2022. 5. In terms of Annexure P-4, three candidates were selected for the post in issue in the proceedings of the Departmental Selection Committee which was held on 11th July, 2022. Though, it is the contention of the petitioners that appointment was offered to the selected candidates and they did not join but no material has been placed on record, from which it could be inferred as to whether or not the appointments indeed was offered to them and if yes, then on what date. Be that as it may, the fact of the matter still remains that both the select panel as also the waiting panel were drawn by the Department Selection Committee on 11.07.2022 and the advertisement which stood impugned by way of this petition, was issued by the respondents in the month of November, 2023, i.e. after one year as from the date on which select list and waiting list were prepared, which ordinarily is the life of the waiting panel. Accordingly, as the life of the waiting panel which was one year, stood exhausted as on the date when fresh advertisement was issued, the present petition being devoid of merit is dismissed. Pending miscellaneous application(s), if any, also stand disposed of accordingly.