CWP/2294/2019 on 31 December 2019

HON’BLE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.2294 of 2019 alongwith CWP No.2403 of 2019 Decided on: 31.12.2019 CWP No.2294 of 2019: Anu Kumari

....…......Petitioner Versus State of Himachal Pradesh and others .....Respondents _____________________________________________________________ CWP No.2403 of 2019: Usha Devi

....…......Petitioner Versus State of Himachal Pradesh and another .....Respondents _____________________________________________________________

Coram:

Hon’ble Mr. Justice L. Narayana Swamy, Chief Justice. Hon’ble Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner(s) : Mr. Anup Rattan, Advocate. For the respondents : Mr. Ajay Vaidya, Sr. Additional Advocate General, for the respondents/State. _____________________________________________________________ Jyotsna Rewal Dua, Judge (Oral). Since common questions of law and facts are involved in these writ petitions relating to batch-wise 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

recruitment, therefore, the same are taken up together for disposal.

2. The writ petition (CWP No.2294 of 2019) has been preferred mainly with the following prayers:- “i) That the respondents may kindly be directed to place on record rejection letter issued to the petitioner and same be quashed and set aside being illegal, null and void. ii) That the respondents be directed to consider the case of the petitioner on batch-wise basis under ward of Ex-serviceman (OBC) category and allow the petitioner to submit documents to respondents No.1 to 3 and offer appointment, if found eligible she may be”

3. The case of the petitioner (in CWP No.2294 of 2019) is that a requisition was sent by respondent No.2, Director Health Services to respondent No.4, Employment Exchange, for sponsoring the names of eligible candidates for filling up various posts of Staff Nurses purely on contract basis under various categories, including OBC/SC categories, to be filled up on batch-wise basis under Ward of Ex- servicemen categories. The name of the petitioner Anu Kumari (in CWP No.2294 of 2019) was to be sponsored for the post of Staff Nurse under OBC category, whereas, the name of petitioner Usha Devi (in CWP No.2403 of 2019) was to be sponsored for the post of Pharmacist Ward of Ex-

serviceman under SC category. The respondent/ Employment Exchange concerned was required to submit the names of the eligible candidates to respondent No.2 before 30th May, 2019. Though the name of petitioners Anu Kumari and Usha Devi were registered with the Employment Exchange, Amb & Nadaun, respectively, however, by way of inadvertence their names could not be sponsored by the Employment Exchange concerned. Therefore, the petitioners directly appeared before the Counselling Committee on 05.09.2019, but, the candidatures of the petitioners were not considered by respondent No.2 on the ground that their names were not sponsored by the Employment Exchange concerned.

4. Without going into the merits of the contentions raised on behalf of the petitioners, in both the writ petitions, in the interest of justice, we deem it proper to direct the respondents to hold counselling of the petitioners for the posts in question, within a period of two weeks from today. In case the petitioners fulfil the eligibility criteria, the respondents shall consider and take conscious decision in their matter, in accordance with law, for their batch-wise appointments in question.

With the aforesaid observations/directions, the present writ petitions stand disposed of, so also pending miscellaneous application(s), if any. Copy 'Dasti'.

(L. Narayana Swamy)

Chief Justice

(Jyotsna Rewal Dua) December 31, 2019

Judge (Yashwant)