LPA/124/2021 of STATE OF HP AND OTHERS Vs SHASHI KUMAR on 31 December 2021

1. PAWAN KUMAR S/O SH. RATTANLAL VPO SALWANA, TEHSIL SUNDERNAGAR, DISTT. MANDI, PIN NO.175018, ROLL NO. 511494.

2. AMAN GAUTAM S/O SH. HANSRAJGAUTAM, VILL. LUHUNOO, TEHSIL &DISTT. BILASPUR, H.P. PIN NO. 174001,ROLL. 501042.

3. NIKHIL SHARMA S/O SH. ROSHANLAL SHARMA, WARD NO. 04, HOUSE NO. 3.158, TEHSIL & DISTT. HAMIRPUR, H.P. PIN NO. 177001 ROLL. 504235.

4. PRIYANKA SHARMA D/O SH. RAJ KUMAR,VILL. BHAGOT, P.O. SANED, TEHSIL & DISTT. HAMIRPUR, H.P. PIN NO. 176043, ROLL. 504462

5. RAHUL S/O SH. BHAG MAL VILLAGE & POST OFFICE DARKOTI. TESHILKOTKHAI, DISTT. SHIMLA HP. PIN NO. 171202, ROLL NO. 515500.

6. PREM LATA D/O SH. MAST RAMC/O LAXMI NIWAS SANDALESTATE STATE CHAKKER SHIMLA 171005, ROLL. 516117 6.

7. ISHWAR DUTT S/O SH. DULA RAMC/O JAGDAMBA NIWAS LOWERDEVNAGAR, KASUMPTI, SHIMLA-171009, ROLL NO. 514074.

8. NEERAJ BHARDWAJ S/O SH. OM DUTTVILL. KANTBARI, P.O. DALESH, TEHSIL ANNI, DISTT. KULLU, H.P. 172025 ROLL NO. 514986.

9. PRAVEEN KUMAR SHANDIL S/O SH. LEELA RAMSHANDIL VILL. SORIA(CHALYAWANI) P.O. MANGOO, TEHSIL ARKI, DISTT. SOLAN, H.P. PIN NO.171102 ROLL NO. 519231

10. NANAK CHAND S/O SH. REWAT RAM,VPO SADHOT, TEHSIL SARKAGHAT, DISTT. MANDI H.P. PIN NO. 175037 ROLL NO. 504151

11. NARESH KUMAR S/O SH. LEKHRAM V.P.O. PANESH,TEHSIL & DISTT. SHIMLA H.P. PIN.NO. ROLL NO. 514913, PIN NO. 171011

12. KIRAN SAINI KASHYAP D/O SH.AMAN NATH SAINI SINGH COTTAGE,LOWER KAINTHU SHIMLA-171003(H.P.) 514342

13. SANDEEP THAKUR S/O SH. UDHAMSINGH VILLAGE MUNDRUP.O. RATTI TEHSIL BALH, DISTT.MANDI, H.P. PIN NO. 175008, ROLL NO. 512058

14. ANU KUMARI, W/O SH.BHAVENESHWARLAL,VILL.GHIANAKHURD, P.O. JHEOL, TEHSILDHARAMSHALA, KANGRA, PIN NO.176001

15. RAM SINGH S/O SH. JEET SINGH,VILL GALOG, PO DHAIR, TEHSILANNI, DISTT. KULLU, HP PIN 172025ROLL NO. 515648

16. SANJEEV KUMAR S/O SH. DEV RAJVILL. KORI, P.O. CHANOUR, TEHSILDEHRA, DISTT. KANGRA, HP PIN NO. 177113, ROLL NO. 507411

17. DEEPAK KUMAR, S/O SH. BIDHISINGH, VILL KHORAR, PO GALORE,TEHSIL NADAUN, DISTT. HAMIRPUR,HP PIN NO.174001, ROLL NO. 503651

18. NAVEEN SINGH S/O SH. GIANCHAND, VILL & P.O. BARINJHERWAN,TEHSLILGHUMARWIN,DISTT.BILASPUR H.P. 174021, ROLL. NO.

19. RAJAN MEHTA S/O SH. SURENDERMEHTA, VILL. & P.O. SANJAULI,SHIMLA 171006.

20. ANU THAKUR S/O SH. BIAS DEV,VPO SARKAGHAT, DISTT. MANDI175024

21. VIVEK KUMAR S/O SH. PRITAMCHAND, VILLAGE HATLI LARHAPOST OFFICE & TEHSIL GALORE,DISTT. HAMIRPUR, H.P. 177026.

22. MUNNI DEVI W/O SH. SUDHIRVERMA, C/O DR. SUBHASH TOMAR

DURGA MEDICAL HALL NEAR OLDBUS STAND RAJGARH, SIRMOUR, H.P.173101 ROLL NO. 517646

23. SANJEEV KUMAR S/O SH. RAMESHCHAND, VPO UTPUR. TEHSIL &DISTT. HAMIRPUR PIN NO. 177022ROLL NO. 504842

24. GAJINDER KUMAR THAKUR S/OSH. SURESH KUMAR THAKUR VILL.DANOON PO SUNDLA, TEHSILSALOONI, DISTT. CHAMBA PIN NO.176312 ROLL NO. 502494

25. SANJEEV KHAN S/O SH. ROSHANKHAN R/O VILL. KUMHARNU,P.O.BALH KAWAR, TEHSIL LAD-BHAROL, DISTT. MANDI, PIN 176126,ROLL NO. 512096

26. RAVINDER THAKUR S/O SH.BALDEV SINGH THAKUR, WARD NO. 2,HOUSE NO. 239, DISTT. HAMIRPURH.P. ROLL NO. 504687.

27. AJAY KUMAR, S/O SH. BALDEVSINGH THAKUR R/O VILL. JAKHOOL,P.O. KANGOO, TEHSIL SUNDERNAGAR, DISTT. MANDI, PIN 175018ROLL. NO. 509618

28. PANKAJ THAKUR S/O SH.DAMODER DAS VILL. JODHA P.OSAJAOPIPLU TEH & DISTT. MANDI.

29. PRASHANT NAYAK S/O SH. PURANCHAND VILL. BHARYARA, P.ODADHOG TEH JOGINDER NAGARDISTT. MANDI (H.P.)

30. AMBKA THAKUR S/O SH. NEERATRAM, MAIN ROAD DHALPUR NEARNARU CLINIC TEH. & DISTT. KULLU.

31. VINOJ PAL S/O SH. ROOP SINGHVPO BHALYANI TEH & DISTT. KULLU175103 (H.P.)

32. RAHUL THAKUR S/O SH. AMARCHAND VILL. MAKRENA P.O & TEHJOGINDER NAGAR DISTT. MANDI175015

33. ANUJ MAHANT S/O SH. ROSHALLAL VILL & P.O PADHAR DISTT.MANDI 175012.

34. PANKAJ SHARMA S/O SH. CHUNNILAL VILL & P.O RIWALSARDISTT.MANDI 175023.

35. ANKUR S/O. SH. RAJENDER KUMARWARD NO. 1 KACHAAL JAGGIAN P.O& TEH JAISINGHPUR DISTT. KANGRAH.P.

36. MAHESH KUMAR S/O SH. BHAINURAM VPO SAINTHAL TEH. JOGINDERNAGAR DISTT. MANDI.

37. SAPNA SHARMA D/O SH. SUNEHARILAL,VILLAGEGURONU,POJOGINDERNAGAR, DISTT. MANDI HP-175015.

38. DEEPAK RAMPAL C/O LDM OFFICEUCO BANK, NEAR RANA HOTELBILASPUR (H.P)

39. AJAY KISHORE S/O SH. NANDKISHORE VILL. GALOG TEH ANNIDISTT. KULLU (H.P.)

40. NARENDER KUMAR S/O SH. SHIVRAM VILL. KHANYOG P.O. SERIKOTHI TEH SADAR DISTT. MANDI175038.

41. VIKAS SHARMA S/O MAHESH DATTHOUSE NO. 112 WARD NO.KALYANPUR P.O & TEH. RAMPURDISTT. SHIMLA (H.P.)

42. PRAKASH CHAND S/O SH. PURANCHAND SET NO. 51 CHARITONESTATE SUMMER HILL SHIMLA.

43. NARESH KUMAR S/O SH. KANIYARAM C/O PURAN CHAND SET NO.51CHARITON ESTATE SUMMER HILL SHIMLA.

44. VINOD KUMAR S/O SH. DEEP RAMSHARMA VILL. KAYALU P.O. GUMMAVIA BASANTPUR TEH & DISTT.SHIMLA.

45. MEENAKSHI SHARMA W/O SH.SATISH KUMAR VILLAGE PEOTHATEH.ARKIP.O.SHALAGHATDISTRICT- SOLAN -173208 ROLL. NO.-514757

46. PANKAJ KUMAR S/O SH JOGINDERSINGH,VILLAGEBHATOLIPHAKORIAN,TEHSILDEHRADISTRICT KANGRA, 176028

47. RAJ KUMAR VILLAGE VILLAGEBAG, TEHSIL SARKAGHAT DISTRICTMANFI 175026

48. PAWAN KUMAR S/O SH KISHORILAL, VILLAGE DEHLUHAR, P.O.DOHAG, TEHSIL JOGINDERNAGARDISTRICT MANDI.

49. REENA W/O SH SANJAY SHARMAVILLAGE SALAM P.O. JABRI TEHSILAND DISTRICT SHIMLA.

50. RAKESH KUMAR S/O SH DILLARAM VILLAGE BASA P.O. NERWADISTRICT SHIMLA 171210

51. SEEMA DEVI D/O SHRI KESHAVRAM VILLAGE AND POST OFFICEKIRTOO TEHSIL THEOG DISTRICTSHIMLA

52. MEENAKSHI D/O AMAR SINGHVILLAGE KOTLI, P.O. SHALAGHATTEHSIL ARKI DISTRICT SOLAN.

53. KALPANA DEVI

D/O SH SANT RAM THAKUR DABROGICOTTAGE, NEAR VIJAY TRADESVIKAS NAGAR, DISTRICT SHIMLA

54. MOHIT MAHAJAN

S/O SH BRIJESH MAHAJAN, JANSALIBAZAR, CHAMBA

55. SANDEEP KUMAR

SON OF SHRI BHAG SINGH, RESIDENT OF VILLAGE BADDU,WARD NO. 1, POST OFFICE & TEHSILGHUMARWIN, DISTRICT BILASPUR, H.P. 174021

56. PRADEEP KUMAR

SON OF SHRI BHAG SINGH, RESIDENT OF VILLAGE BADDU,WARDNO. 1, POST OFFICE & TEHSIL GHUMARWIN, DISTRICT BILASPUR, H.P. 174021.

57. SONU PALSON OF SHRI BAGGA RAM, VILLAGEGAH, POST OFFICE PAPLOA, TEHSILJHANDUTTA, DISTRICT BILASPUR, H.P. 174017.

58. VIVEK SHARMA

SON OF SHRI LAXMI NAND, VILLAGEPANOL, POST OFFICE AMARPUR,TEHSIL GHUMARWIN, DISTRICT BILASPUR, H.P. 174021.

59. ANJNA KUMARI

WIFE OF SANJEEV KUMAR SHARMA,VILLAGE PANIYALA, POST OFFICEKOTHI,TEHSILGHUMARWIN,DISTRICT BILASPUR H.P. 174021.

60. ABHIMANYU SINGH,

SON OF SHRI JEEVAN SINGHTHAKUR, VILLAGE KUTWA, TEHSIL ANNI,DISTRICT KULLU, H.P.

61. RAJNEESH SHARMA

S/O GHANSHYAM DAS SHARMA R/O VILLAGE CHAILLEY VILLAGECHALLEYP.O.CHAILEYSUMMERHILL TEHSIL SHIMLA.

62. LOVE KUMAR SHARMAS/O SH. RAJENDER PAL SHARMA,VILL. DARYOTA, PO BHIRA, TEHSIL & DISTT. HAMIRPUR, HP-177001 ROLL NO. 503961.

63. LOKESH RAWATS/O SH. BALBIR SINGH RAWAT, WARD NO. 3, NEAR MASZID,NALAGARH, DISTT. SOLAN, HP-174101. ROLL NO. 518999.

64. MANISH KUMARS/O HOSHIAR SINGH VPO-BHINDLA TEHSIL BANGANADISTRICT UNA HIMACHAL PRADESH-177039 ROLL NO.519940.

65. KIRAN KUMARI SHYAMD/O SH. ASHOK SHYAM. Y.K. NIWAS, JAWAHAR COLONY,BHATTAKUFFER, SANJAULI, SHIMLA-171006 ROLL. NO.514341.

66. NANDNI CHAUHAND/O SH. JAG MOHAN W/O SH. ISHWENDER THAKUR,MOHINDRACOTTAGE,UPPERSTREET NAHAN, DISTT. SIRMOUR, HP 173001. ROLLNO. 517652.

67. AJAY KUMARS/O SH. HARI RAM, VILL. TRAMBI (CHAHARI), POREWALSAR, TEHSIL BALH, DISTT. MANDI, HP. ROLL NO. 509616.

68. RAVINDER CHAUHAN

S/O SH. MEGH SINGH CHAUHAN,

VILL. MORDUGH, PO TIKROO. TEHSILJOGINDER NAGAR, DISTT. MANDI, HP. ROLL NO. 511922.

69. RAJESH KUMARS/O SH. LACHHMAN SINGH, H. NO. 138, DIARA SECTOR, PO &TEHSIL SADAR, DISTT. BILASPUR, HP-174001 ROLL NO.501756.

70. ANIL KUMARS/O SH. RAI SINGH VILLAGE ROHIN PO-DHIRWINTEHSIL BHORANJ DISTT. HAMIRPUR-176045

71. SANJAY KUMAR S/O HARI CHANDVILLAGE- TYOG PO-SIDHPUR TEHSILSARKAGHAT (DHARMPUR) DISTT.MANDI-175040

72. ARCHANA SHARMAW/O S/O AJAYBHARDWAJ R/O VILLAGE BHOUNGP.O. ROURI VIA TOTU SHIMLA.

AND

I. STATE OF H.P. THROUGHPRINCIPAL SECRETARY PERSONNELH.P. SECRETARIAT CHOTTA SHIMLA.

2. HIMACHAL PRADESH STAFFSELECTION COMMISSION HAMIRPURDISTRICT HIMACHAL PRADESHTHROUGH ITS SECRETARY.

3. MS BABITA D/O SH RAI SINGHVILLAGE CHAINDAL P.O. DARKOTIDISTRICT SHIMLA(AT SR. NO 839)

4. MAMTA THAKUR D/O SH RAJKRISHAN, C/O POOL OFFICE HPUSUMMER SHIMLA (SR NO. 943)SHIMLA

..PETITIONERS

.......RESPONDENTS

3. LETTERS PATENT APPEAL NO. 43 OF 2021H.P. STAFF SELECTION COMMISSION THROUGHITS SECRETARY HAMIPUR-177001, HP

..APPELLANT

AND

1. SHUBHAM THAKUR S/O SH. LAKSHI SINGH THAKUR,VILLAGE P.O. GUMMA, THESIL SUNNI DISTT. SHIMLA HP.

2. SHIFALI RANA D/O SH. SUBASH CHAND RANAR/O VERMA NIWAS CEMETERY SANJAULI TEHSIL AND

DISTT. SHIMLA HP

3. NISHA D/O SH. GIRDHARI LAL

R/O COSTAPAN, NEW BUILDING SET NO. 7

LAKKAR BAZAR SHIMLA HP

4. AMIT KUMAR SHARMA S/O LAXMI KANT SHARMAR/O VILLAGE SADHORA POST OFFICE BALDYAINR/O VILLAGE SADHORA POST OFFICE BALDYAIN

TEHSIL AND DISTT. SHIMLA HP

5. DINESH SINGH S/O SH. PRAKASH CHANDVILLAGE JAKHUNI, PO BEHR KUTHERAVILLAGE JAKHUNI, PO BEHR KUTHERA

TEHSIL JAWAN DISTT. KANGRA HP

6. HITESHI SHARMA D/O BALDEV SHARMARESIDENT OF VILLAGE ARLOT P.O. HALOGDHAMI TEHSIL & DISTT. SHIMLA, H.P.RESIDENT OF VILLAGE ARLOT P.O. HALOGDHAMI TEHSIL & DISTT. SHIMLA, H.P.

..RESPONDENTS

7. STATE OF HIMACHAL PRADESH THROUGHITS CHIEF SECRETARY.ITS CHIEF SECRETARY.

8. GOVERNMENT OF HIMACHAL PRADESH

THROUGH ITS SECRETARY PERSONNEL.

..PERFORMA RESPONDENTS

Between:

SHESH RAM,S/O SHRI NOK SINGH, R/O VILL. KHAROHAN, P.O. THANA, TEH. THUNTHUNAG, MANDI, HIMACHAL PRADESH.

….PETITIONER

AND

1. STATE OF HIMACHAL PRADESH,THROUGH ITS CHIEF SECRETARY TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2. THROUGH ITS CHIEF SECRETARY TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.

2. THE H.P. STAFF SELECTION COMMISSION,HAMIRPUR, DISTRICT HAMIRPUR, HIMACHAL PRADESH THROUGHITS SECRETARY. HAMIRPUR, DISTRICT HAMIRPUR, HIMACHAL PRADESH THROUGHITS SECRETARY.

3. THE PERSONNEL DEPARTMENTGOVERNMENT OF H.P., SHIMLA-2GOVERNMENT OF H.P., SHIMLA-2

THROUGH ITS SECRETARY.

Between:

ABHINAY KATAOCH,S/O KULDEEP CHAND KATOCH,R/O VILL. KHUDLI, P.O. RAKKER,TEH. BAIJNATH, DIST. KANGRA,HIMACHAL PRADESH.

….PETITIONER

AND

6. CIVIL WRIT PETITION NO. 2420 of 2021

Between:

SUDESH KUMAR, S/OSHER SINGH, R/O VILL. & P.O. SUNHI, TEH. BAGOH, DIST. KANGRA,HIMACHAL RPADESH.

….PETITIONER

AND

1. STATE OF HIMACHAL PRADESH,THROUGH ITS CHIEF SECRETARY TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.

2. THE H.P. STAFF SELECTION COMMISSION,HAMIRPUR, DISTRICT HAMIRPUR, HIMACHAL PRADESH THROUGH

ITS SECRETARY.

Between:

VIKAS BHARDWAJ,S/O VIJAY KUMAR, RESIDENT OF V.P.L. NABAHI, VILLAGE, THOUR, TEH. SARKAGHAT, DIST. MANDI, HIMACHAL PRADESH.

….PETITIONER

AND

Between:

RAKESH KUMAR, S/O ROSHAN LAL, R/O VILL. CHUBHANI, P.O. VALAYA, TEH. SUNDER NAGAR, DIST. MANDI, HIMACHAL PRADESH.

….PETITIONER

AND

1. STATE OF HIMACHAL PRADESH,THROUGH ITS CHIEF SECRETARY TO THE GOVERNMENT OF

HIMACHAL PRADESH, SHIMLA-2.

...RESPONDENTS.9. CIVIL WRIT PETITION No. 2423 of 2021

Between:RIPPU DAMMAN,S/O SHRI ASHUTOSH KUMAR, RESIDENT OF VPO DAULATPUR, TEHSIL KANGRA, HIMACHAL PRADESH.

….PETITIONER

AND1.STATE OF HIMACHAL PRADESH,THROUGH ITS CHIEF SECRETARY TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.

...RESPONDENTS. 10. CIVIL WRIT PETITION No. 2426 of 2021

Between:

ATUL SHARMA, S/O SANTOSH SHARMA, RESIDENT OF VILLAGE AND POST OFFICE BIRBAGHER, TESHIL TIHRA SUJANPUR, DISTRICT HAMIRPUR, HIMACHAL PRADESH.

….PETITIONER

AND

Between:

SUNIL KUMAR, S/O SH. DHARAM DUTT, R/O VILLAGE AND P.O. BHARNATEHSIL THEOG, DISTT. SHIMLAHIMACHAL PRADESH.

….PETITIONER

AND

1. STATE OF HIMACHAL PRADESH,THROUGH ITS CHIEF SECRETARY TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.

2. THE H.P. STAFF SELECTION COMMISSION,HAMIRPUR, DISTRICT HAMIRPUR, HIMACHAL PRADESH THROUGHITS SECRETARY. HAMIRPUR, DISTRICT HAMIRPUR, HIMACHAL PRADESH THROUGHITS SECRETARY.

3. THE PERSONNEL DEPARTMENTGOVERNMENT OF H.P., SHIMLA-2THROUGH ITS SECRETARY. GOVERNMENT OF H.P., SHIMLA-2THROUGH ITS SECRETARY.

Between:RAJEEV KUMAR, S/O SH. PREM CHANDVILLAGE CHOGAN, P.O. BIR, TEHSIL BAIJNATH, DISTT. KANGRA,HIMACHAL PRADESH.

….PETITIONER

AND

Between:

KULWANT SINGH, S/O SH. LAJJA RAM, VILLAGE SHAUNGR, P.O. BAGSHARTEHSIL KARSOG, DISTT. MANDI,HIMACHAL PRADESH.

….PETITIONER

AND

Between:

RAJESH KUMAR, S/O SH. UTTAM RAM, VILLAGE DHOGI, P.O. CHOWAITEHSIL ANNI DISTT. KULLU, HIMACHAL PRADESH.

….PETITIONER

AND

1. STATE OF HIMACHAL PRADESH,THROUGH ITS CHIEF SECRETARY TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.

2. THE H.P. STAFF SELECTION COMMISSION,HAMIRPUR, DISTRICT HAMIRPUR, HIMACHAL PRADESH THROUGHITS SECRETARY. 3.THE PERSONNEL DEPARTMENTGOVERNMENT OF H.P., SHIMLA-2THROUGH ITS SECRETARY.

Between:

SUNIL KUMAR, S/O HET RAM, R/O VILLAGE BAGENTI, P.O. KIARTEHSIL THEOG DISTT. SHIMLA H.P. 171222.

….PETITIONER

AND

Between:

NARESH KUMAR, S/O SH. SUNDER SINGHVILLAGE PANJORI, P.O. HALLAN,TEHSIL SHAILAI, DISTT. SIRMOUR,HIMACHAL PRADESH.

….PETITIONER

AND

Between:

ANIL KUMARS/O JALAM SINGH, R/O VILLAGE GATTA, P.O. SANGNA,TEHSIL SANGRAHA, DISTT. SIRMOURH.P. 173022.

….PETITIONER

AND

1. STATE OF HIMACHAL PRADESH,THROUGH ITS CHIEF SECRETARY TO THE GOVERNMENT OF

HIMACHAL PRADESH, SHIMLA-2.

2. THE H.P. STAFF SELECTION COMMISSION,HAMIRPUR, DISTRICT HAMIRPUR, HIMACHAL PRADESH THROUGHITS SECRETARY. 3.THE PERSONNEL DEPARTMENTGOVERNMENT OF H.P., SHIMLA-2THROUGH ITS SECRETARY.

18. CIVIL WRIT PETITION No.3142 of 2021

Between:RAHUL KUMAR,S/O SH. RAM LOTAN, R/O HOUSE NO. 1288/5 MOHALLAAMARPUR NAHAN HP 133001.

….PETITIONER

AND

Between:

AKSHAT BHASKER,S/O SH BRIJ LAL BHASKER,R/O HOUSE O. 977/5 JANKI VATIKA AMARPUR MOHALLA NAHANHP 173001.

….PETITIONER

AND

Between:VIKAS SHARMA,S/O SH NAND LAL, R/O VILLAGE JADEOG,P.O. SANDHU, TEHSIL THEOG,DISTT. SHIMLA H.P. 171222.

….PETITIONER

AND

1. STATE OF HIMACHAL PRADESH,THROUGH ITS CHIEF SECRETARY TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.

2. THE H.P. STAFF SELECTION COMMISSION,HAMIRPUR, DISTRICT HAMIRPUR, HIMACHAL PRADESH THROUGHITS SECRETARY. HAMIRPUR, DISTRICT HAMIRPUR, HIMACHAL PRADESH THROUGHITS SECRETARY.

Between:

KAMAL S/O SH. BUDH RAM,R/O VILLAGE BHALONA, P.O. BHALONA, TEHSIL SANGRAHA,DISTT. SIRMOUR, H.P. 173032.

….PETITIONER

AND

Between:

SHANTA KUMAR,D/O SH. SEVA RAM CHAUHAN,R/O VERMA NIWAS, DHOBI GHAT P.O. SANJAULI TEHSIL & DISTTSHIMLA, HIMACHAL PRADESH.

….PETITIONER

AND

1. STATE OF HIMACHAL PRADESH,THROUGH ITS CHIEF SECRETARY TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2. THROUGH ITS CHIEF SECRETARY TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.

Between:

YOGRAJ,S/O SH. MOTI RAM, VILL KHADVI, P.O. JAON, TEHSIL ANNI, DISTT. KULLU,HIMACHAL PRADESH.

….PETITIONER

AND

Between:

DEEP KUMAR,S/O SH. BHAWANI DUTT,R/O VILLAGE SHAH PO CHOURIDHARTEHSIL KARSOG, DISTRICT MANDI, H.P.

….PETITIONER

AND

1. STATE OF HIMACHAL PRADESH,THROUGH ITS CHIEF SECRETARY TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA.

2. THE H.P. STAFF SELECTION COMMISSION,HAMIRPUR, DISTT HAMIRPUR, H.P. THROUGH ITS SECRETARY.

...RESPONDENTS.

25. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO.6985 OF 2020

Between:

SH. AJAY THAKUR,S/O SH. KHEM SINGH,AGED ABOUT 27 YEARS, R/O VILLAGE THATI, P.O. KOT, TEHSIL DHARAMPUR, DISTT. MANDI, H.P.

AND

1. STATE OF HP THROUGH SECRETARY(PERSONNEL) TO THE GOVERNMENTOF HP, SHIMLA HP.

2. HIMACHAL PRADESH STAFFSELECTION COMMISSION, HAMIRPUR,DISTRICT HAMIRPUR, HIMACHALPRADESH THROUGH ITS SECRETARY.

...RESPONDENTS.

26. CIVIL WRIT PETITION (ORIGINAL APPLICATION)No. 7681 of 2020

Between:-

MS. ANURADHA DEVIDAUGHTER OF SH.GANPAT RAM, R/OTIKKAR, TUTI KANDI,P.O. CHAURA MAIDAN,TEHSIL AND DISTRICTSHIMLA-171004.

…PETITIONER

AND

1. HIMACHAL PRADESH STAFF SELECTION COMMISSION, HAMIRPUR, DISTRICT HAMIRPUR, H.P.

2. STATE OF HIMACHAL PRADESH, THROUGH SECRETARY (PERSONNEL) TO THE GOVERNMENTOF HIMACHAL PRADESH, SHIMLA-2.

…RESPONDENTS

27. CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 2394 of 2020

Between:-

ASHA DEVI D/O SH.NARINDER KUMAR, W/OSH. ABHISHEK THAKUR,VPO PANDOL, TEHSIL LADBHAROL,DISTRICTMANDI, H.P.

…PETITIONER

AND

1. HIMACHAL PRADESH STAFF SELECTION COMMISSION, HAMIRPUR, DISTRICT HAMIRPUR, H.P, THROUGH ITS SECRETARY.

2. STATE OF HIMACHAL PRADESH, THROUGH THE SECRETARY (PERSONNEL)TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA.

….RESPONDENTS.

28. CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 2388 of 2020

Between:-

SAPNA S/O SH. ROSHANLAL,VILLAGECHHAPROT, P.O. BASSI,TEHSILJOGINDERNAGAR,DISTRICT MANDI, H.P.

…PETITIONER

AND

1. HIMACHAL PRADESH SUBORDINATE SELECTIONCOMMISSION,HAMIRPUR, DISTRICT HAMIRPUR, H.P.,THROUGH ITS SECRETARY.COMMISSION,HAMIRPUR, DISTRICT HAMIRPUR, H.P.,THROUGH ITS SECRETARY.

2. STATE OF HIMACHAL PRADESH,THROUGH SECRETARY(PERSONNEL) TO THE GOVERNMENT OFHIMACHAL PRADESH, SHIMLA

…RESPONDENTS.

29. CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 2290 of 2020

Between:-

SH. ROHIT SHARMA S/O SH. KEWAL KRISHAN, R/O VILLAGE NARIANA, P.O. HARETA, TEHSIL NADAUN, DISTRICT HAMIRPUR, H.P.

…PETITIONER

AND

1. STATE OF HIMACHAL PRADESH, THROUGH ITS SECRETARY (PERSONNEL)TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA.SECRETARY (PERSONNEL)TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA.

2. HIMACHAL PRADESH STAFF SELECTION COMMISSION, THROUGH ITS SECRETARY, HAMIRPUR.THROUGH ITS SECRETARY, HAMIRPUR.

..RESPONDENTS.

30. CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 2289 of 2020

Between:-

1. BHAVNESH KUMAR SON OF SH. MANOHAR LAL, R/O VILLAGE LASSI, P.O. CHHATRI, TEHSIL THUNAG, DISTRICT MANDI, H.P.R/O VILLAGE LASSI, P.O. CHHATRI, TEHSIL THUNAG, DISTRICT MANDI, H.P.

2. ANIL SON OF SH. DIURU RAM, C/O THAKUR DASS, R/O VILLAGE MALYANA, SHIMLA, H.P.R/O VILLAGE MALYANA, SHIMLA, H.P.

3. BARU RAM SON OF SH. JEET RAM, C/O T.R. SHARMA, R/O GORKHU LODGE, KASUMPTI, SHIMLA-9, H.P.R/O GORKHU LODGE, KASUMPTI, SHIMLA-9, H.P.

…PETITIONERS

AND

1. HIMACHAL PRADESH STAFF SELECTION COMMISSION, HAMIRPUR, DISTRICT HAMIRPUR, H.P., THROUGH ITS SECRETARY.HAMIRPUR, DISTRICT HAMIRPUR, H.P., THROUGH ITS SECRETARY.

2. STATE OF HIMACHAL PRADESH, THROUGH ITS SECRETARY (PERSONNEL) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.SECRETARY (PERSONNEL) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.

…RESPONDENTS.

31. CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 2253 of 2020

Between:-

DINESH KUMAR S/O SH. RANJIT SINGH, R/O VILLAGE DAR, POST OFFICE KASHMIR, TEHSIL NADAUN, DISTRICT HAMIRPUR, H.P.

…PETITIONER

AND

1. HIMACHAL PRADESH SUBORDINATE SELECTIONCOMMISSION, HAMIRPUR, DISTRICT HAMIRPUR, H.P., THROUGH ITS SECRETARY.

2. STATE OF HIMACHAL PRADESH, THROUGH SECRETARY(PERSONNEL) TO THE GOVERNMENT OF HIMACHALPRADESH, SHIMLA-2.

…RESPONDENTS.

32. LETTERS PATENT APPEAL No . 119 of 2021

Between:

1. STATE OF HIMACHAL PRADESH THROUGH ITS CHIEF SECRETARY, SHIMLA-2.

2. STATE OF HIMACHAL PRADESH THROUGHITS SECRETARY PERSONNEL, SHIMLA-2.

3. HIMACHAL PRADESH STAFF SELECTION COMMISSION THROUGH ITS SECRETARY, HAMIRPUR, DISTRICT HAMIRPUR-177001.

……..APPELLANTS

AND

VIVEK THAKUR, S/O SH. SOHAN SINGH,VILLAGE SAHAJ, PO JASSAL, TEHSILKARSOG, DISTRICT MANDI, H.P.

..........RESPONDENT

33. LETTERS PATENT APPEAL No . 118 of 2021

1. STATE OF HIMACHAL PRADESH THROUGH ITS CHIEF SECRETARY, SHIMLA-2.

2. STATE OF HIMACHAL PRADESH THROUGHITS SECRETARY PERSONNEL, SHIMLA-2.ITS SECRETARY PERSONNEL, SHIMLA-2.

3. HIMACHAL PRADESH STAFF SELECTION COMMISSION THROUGH ITS SECRETARY, HAMIRPUR, DISTRICT HAMIRPUR-177001.COMMISSION THROUGH ITS SECRETARY, HAMIRPUR, DISTRICT HAMIRPUR-177001.

……..APPELLANTSANDJANESH KUMAR, S/O LATE SH. RAJINDER SINGH, R/O PRINCO LODGE, INDER NAGAR,DHALLI, SHIMLA, H.P.

..........RESPONDENT

34. LETTERS PATENT APPEAL No . 117 of 2021

……..APPELLANTS

1. STATE OF HIMACHAL PRADESH THROUGH ITS CHIEF SECRETARY, SHIMLA-2.ITS CHIEF SECRETARY, SHIMLA-2.2.STATE OF HIMACHAL PRADESH THROUGHITS SECRETARY PERSONNEL, SHIMLA-2.ITS SECRETARY PERSONNEL, SHIMLA-2.3.HIMACHAL PRADESH STAFF SELECTION COMMISSION THROUGH ITS SECRETARY, HAMIRPUR, DISTRICT HAMIRPUR-177001.……..APPELLANTSCOMMISSION THROUGH ITS SECRETARY, HAMIRPUR, DISTRICT HAMIRPUR-177001.……..APPELLANTS

AND

SUSHIL CHAUHAN, S/O SH. SURJEET SINGH, VILLAGE KHANI, PO TANDI, TEHSIL ANNI, DISTT. KULLU, H.P.

..........RESPONDENT

36. LETTERS PATENT APPEAL No . 71 of 2021

HIMACHAL PRADESH STAFF SELECTION COMMISSION THROUGHITSSECRETARY, HAMIRPUR, DISTRICTHAMIRPUR-177001, H.P.

ITS

……..APPELLANT/PETITIONER

AND

1. GEETA DEVI, D/O SH. BALDEV RAJ, R/O VILLAGE SARLI, PO GEKHALI, TEHSIL AND DISTT. CHAMBA, H.P.

......RESPONDENT/PETITIONER

2. STATE OF HIMACHAL PRADESH, THROUGH ADDITIONAL CHIEF SECRETARY(PERSONNEL) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.

..........PROFORMA RESPONDENTS

37. LETTERS PATENT APPEAL No . 70 of 2021

HIMACHAL PRADESH STAFF SELECTIONCOMMISSION THROUGH ITS SECRETARY,HAMIRPUR, DISTRICT HAMIRPUR-177001,H.P.

……..APPELLANT/PETITIONER

AND

1. MOHINDER SINGH, S/O SH. LAL CHAND, R/O VILLAGE BIASAR, PO BIASAR, TEHSIL AND DISTT. CHAMBA, H.P.

......RESPONDENT/PETITIONER

2. STATE OF HIMACHAL PRADESH, THROUGH ADDITIONALCHIEFSECRETARYADDITIONALCHIEFSECRETARY

( PERSONNEL ) TO THE GOVERNMENTOF HIMACHAL PRADESH, SHIMLA-2.

..........PROFORMA RESPONDENTS

38. LETTERS PATENT APPEAL No . 64 of 2021

HIMACHAL PRADESH STAFF SELECTIONCOMMISSION THROUGH ITS SECRETARY,HAMIRPUR, DISTRICT HAMIRPUR-177001,H.P.

……..APPELLANT/PETITIONER

AND

1. INDRA DEVI, S/O SH. SUNDER, VILLAGE CHAKHAR, PO AND TEHSIL ARKI, DISTT. SOLAN, H.P.

......RESPONDENT/PETITIONER

2. STATE OF HIMACHAL PRADESH, THROUGH ADDITIONAL CHIEF SECRETARY( PERSONNEL ) TO THE GOVERNMENTOF HIMACHAL PRADESH, SHIMLA-2.

..........PROFORMA RESPONDENTS

39. LETTERS PATENT APPEAL No . 63 of 2021

HIMACHAL PRADESH STAFF SELECTIONCOMMISSION THROUGH ITS SECRETARY,HAMIRPUR, DISTRICT HAMIRPUR-171001,H.P.

……..APPELLANT/PETITIONER

AND

1. SH. PURUSHOTAM KUMAR, S/O SH. CHHAJU RAM, RESIDENT OF VILLAGE BURATA, PO AND TEHSIL BANJAR, DISTT. KULLU, H.P.

......RESPONDENT/PETITIONER

2. STATE OF HIMACHAL PRADESH, THROUGH ADDITIONAL CHIEF SECRETARY

( PERSONNEL ) TO THE GOVERNMENTOF HIMACHAL PRADESH, SHIMLA-2.

..........PROFORMA RESPONDENTS

40. LETTERS PATENT APPEAL No . 62 of 2021

HIMACHAL PRADESH STAFF SELECTIONCOMMISSION THROUGH ITS SECRETARY,HAMIRPUR, DISTRICT HAMIRPUR-171001,H.P.

……..APPELLANT/PETITIONER

AND

1. INDRA DEVI, S/O SH. SUNDER, VILLAGE CHAKHAR, PO AND TEHSIL ARKI, DISTT. SOLAN, H.P.

......RESPONDENT/PETITIONER

2. STATE OF HIMACHAL PRADESH, THROUGH ADDITIONAL CHIEF SECRETARY( PERSONNEL ) TO THE GOVERNMENTOF HIMACHAL PRADESH, SHIMLA-2.

..........PROFORMA RESPONDENTS

41. LETTERS PATENT APPEAL No . 126 of 2021

1. STATE OF HIMACHAL PRADESH THROUGH ITS CHIEF SECRETARY, SHIMLA-2.ITS CHIEF SECRETARY, SHIMLA-2.

2. STATE OF HIMACHAL PRADESH THROUGHITS SECRETARY PERSONNEL, SHIMLA-2.ITS SECRETARY PERSONNEL, SHIMLA-2.

3. HIMACHAL PRADESH STAFF SELECTION COMMISSION THROUGH ITS SECRETARY, HAMIRPUR, DISTRICT HAMIRPUR-177001.

……..APPELLANTS

AND

ROHIT KAUNDAL, S/O SH. UTAM SINGH,VPO PUTRIYAL TENSIL NADAUN, DISTT.HAMIRPUR, H.P.

..........RESPONDENT

42. LETTERS PATENT APPEAL No . 125 of 2021

1. STATE OF HIMACHAL PRADESH THROUGH ITS CHIEF SECRETARY, SHIMLA-2.ITS CHIEF SECRETARY, SHIMLA-2.

2. STATE OF HIMACHAL PRADESH THROUGHITS SECRETARY PERSONNEL, SHIMLA-2.ITS SECRETARY PERSONNEL, SHIMLA-2.

ANDPRADEEP KUMAR, S/O SH. MAAN SINGH,VPO BANI, TEHSIL BARSAR, DISTRICTHAMIPUR, H.P.

..........RESPONDENT

45. LETTERS PATENT APPEAL No . 122 of 2021

……..APPELLANTS

ANDANIL SHARMA, S/O SH. SATYA PALSHARMA, VILLAGE BHATER, PO MOHIN,TEHSIL AND DISTRICT HAMIRPUR, H.P. ..........RESPONDENT

KIRAN THAKUR, W/O VIRENDER SINGHTHAKUR, D/O SH. PRATAP SINGH THAKUR,MONIKA NIWAS CEMETERY ROADSANJAULI, SHIMLA, H.P.

3. ADDITIONAL CHIEF SECRETARY PERSONNEL DEPARTMENT,HIMACHAL PRADESH, SHIMLA-2.

..........PROFORMA RESPONDENTS

49. LETTERS PATENT APPEAL No . 41 of 2021

HIMACHAL PRADESH STAFF SELECTIONCOMMISSION THROUGH ITS SECRETARY,HAMIRPUR, DISTRICT HAMIRPUR-177001,H.P.

……..APPELLANT

AND

1. CHUDA MANI, S/O SH. DHAN RAM, VILLAGESANARLI, POST OFFICE BAINTHAL,KARSOG, DISTT. MANDI, H.P.

......RESPONDENT

2. STATE OF HIMACHAL PRADESH, THROUGHCHIEF SECRETARYTOTHEGOVERNMENTOFHIMACHALPRADESH, SHIMLA-2.CHIEF SECRETARYTOTHEGOVERNMENTOFHIMACHALPRADESH, SHIMLA-2.

3. THEPERSONALDEPARTMENT,GOVERNMENT OF H.P. SHIMLA-02,THROUGH ITS SECRETARY.GOVERNMENT OF H.P. SHIMLA-02,THROUGH ITS SECRETARY.

4. THE SOCIAL JUSTICE AND EMPOWERMENTTO THE GOVERNMENT OF H.P.THROUGH ITS PRINCIPAL SECRETARY.TO THE GOVERNMENT OF H.P.THROUGH ITS PRINCIPAL SECRETARY.

5. THE COMMISSIONER OF STATE TAXES ANDEXCISE, BLOCK NO. 30, SDA COMPLEX KASUMPTI, SHIMLA-09,HP.EXCISE, BLOCK NO. 30, SDA COMPLEX KASUMPTI, SHIMLA-09,HP.

6. THE DIRECTOR HEALTH SERVICE, HEALTHAND FAMILY WELFARE DIRECTORATE, SDA COMPLEX KASUMPTI SHIMLA-09, HP.AND FAMILY WELFARE DIRECTORATE, SDA COMPLEX KASUMPTI SHIMLA-09, HP.

7. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (HOFF) HIMACHAL PRADESH FORESTS (HOFF) HIMACHAL PRADESH

FOREST DEPARTMENT, TALLAND,SHIMLA-171001.

8. THEDIRECTORATETREASURIES,ACCOUNTS AND LOTTERIES, BLOCK NO. 23 SDA COMPLEX, KASUMPTI,SHIMLA-171009 HP. THROUGH ITSDIRECTOR.

ACCOUNTS AND LOTTERIES, BLOCK NO.

..........PROFORMA RESPONDENTS

50. CIVIL WRIT PETITION No. 4903 of 2021.

Between:-

SAROJ KUMARI, OF SH. DALEEP THAKUR, RESIDENTOF THAKUR VILLA, DHAINDA, POST OFFICE TOTU.TEHSIL AND DISTRICT SHIMLA, H.P.

AND

HIMACHALPRADESHSTAFFSELECTIONCOMMISSION, HAMIRPUR, DISTRICT HAMIRPUR. H.P.THROUGH ITS SECRETARY. ….RESPONDENT.

51. CIVIL WRIT PETITION No.5078 of 2021.MANJUSHA GANDHI, D/O LATE SH. SHYAMLAL GANDHI, V.P.O KASHLOG, TEHSIL ARKIDISTRICT SOLAN PIN-171102.

.....PETITIONER

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITS CHIEF SECRETARY, SHIMLA-2.2. THE HP STAFF SELECTION COMMISSION, HAMIRPUR,DISTRICT HAMIRPUR, HIMACHAL PRADESH THROUGH ITS SECRETARY.3. THE PERSONNEL DEPARTMENT, GOVERNMENT OF HP SHIMLA 02, THROUGH SECRETARY.

52. CIVIL WRIT PETITION No.5129 of 2021.

SH. KRISHAN LAL S/O MADAN LAL R/OVILLAGE JAMTHAL TEHSIL SADAR,DISTT.BILASPUR, H.P.

…. PETITIONER

AND

1. THE STATE OF HIMACHAL PRADESH THROUGHCHIEF SECRETARY TO THE GOVERNMENT OF H.P.SHIMLA-171002.CHIEF SECRETARY TO THE GOVERNMENT OF H.P.SHIMLA-171002.

2. THE H.P. STAFF SELECTION COMMISSION,HAMIRPUR, DISTRICT HAMIRPUR,HIMACHAL PRADESH THROUGHITSSECRETARY.HAMIRPUR, DISTRICT HAMIRPUR,HIMACHAL PRADESH THROUGHITSSECRETARY.

3. THE PERSONNEL DEPARTMENT, GOVERNMENTOF HIMACHAL PRADESH, SHIMLA-02, THROUGHITS SECRETARY.OF HIMACHAL PRADESH, SHIMLA-02, THROUGHITS SECRETARY.

4. THE SOCIAL JUSTICE AND EMPOWERMENT TOTHE GOVERNMENT OF H.P. THROUGH ITSSECRETARY.THE GOVERNMENT OF H.P. THROUGH ITSSECRETARY.

5. THE COMMISSION OF STATE TAXES AND EXCISE,BLOCK NO. 30, SDA COMPLEX, KASUMPTI. SHIMLA-9. H.P.BLOCK NO. 30, SDA COMPLEX, KASUMPTI. SHIMLA-9. H.P.

6. THE DIRECTOR HEALTH SERVICES, HEALTH ANDFAMILY WELFARE DIRECTORATE, SDA COMPLEX.KASUMPTI, SHIMLA-9. H.P.FAMILY WELFARE DIRECTORATE, SDA COMPLEX.KASUMPTI, SHIMLA-9. H.P.

7. THE PRINCIPAL CHIEF CONSERVATOR OFFORESTS,HIMACHALPRADESHFORESTDEPARTMENT, TOWLAND, SHIMLA-171001FORESTS,HIMACHALPRADESHFORESTDEPARTMENT, TOWLAND, SHIMLA-171001

8. DIRECTORTREASURIES.ACCOUNTSANDLOTTERIES, BLOCK NO. 23 SDA COMPLEX,KASUMPTI, SHIMLA-171009. H.P. THROUGH ITSDIRECTOR.LOTTERIES, BLOCK NO. 23 SDA COMPLEX,KASUMPTI, SHIMLA-171009. H.P. THROUGH ITSDIRECTOR.

…...RESPONDENTS

53. CIVIL WRIT PETITION No.5141 of 2021.

SH. PUNEET S/O SH. RANJEET SINGH, AGRICULTURIST AGED ABOUT 31 YEARS, RESIDENT OF VPO SAKRI, TEHSIL DEHRA, DISTT. KANGRA, HP 176027.

…...PETITIONER.

AND

1. STATE OF HIMACHAL PRADESH, THROUGH SECRETARY(TECHNICAL EDUCATION) TO THE GOVERNMENT OFHIMACHAL PRADESH.

2. THE SECRETARY (PERSONNEL) TO THE GOVERNMENTOF HIMACHAL PRADESH, SHIMLA-2.

3. HIMACHAL PRADESH STAFF SELECTION COMMISSIONHAMIRPUR, THROUGH ITS SECRETARY, HAMIRPUR,HIMACHAL PRADESH.

…...RESPONDENTS.

54. CIVIL WRIT PETITION No.5142 of 2021.

SH. BINNI S/O SH. AMAR CHAND, AGRICULTURISTAGED ABOUT 33 YEARS, RESIDENT OF VPOGANDHARI,TEHSILJHANDUTTA,DISTT.BILASPUR HP 174029.

DISTT.

…....PETITIONER.

AND

1. STATE OF HIMACHAL PRADESH, THROUGH SECRETARY(TECHNICAL EDUCATION) TO THE GOVERNMENT OFHIMACHAL PRADESH.

2. THE SECRETARY (PERSONNEL) TO THE GOVERNMENT OFHIMACHAL PRADESH, SHIMLA-2.

3. HIMACHAL PRADESH STAFF SELECTION COMMISSIONHAMIRPUR, THROUGH ITS SECRETARY, HAMIRPUR,HIMACHAL PRADESH.

…..RESPONDENTS.

55. CIVIL WRIT PETITION No. 5148 of 2021.

RINKU DEVI W/O SH. GIRDHARI LAL, D/O SH. PHOOLCHAND, VPO KARANA, TEHSIL ANNI, DISTRICT MANDI

H.P.

….PETITIONER.

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITS CHIEFSECRETARY TO THE GOVERNMENT OF HIMACHALPRADESH, SHIMLA.SECRETARY TO THE GOVERNMENT OF HIMACHALPRADESH, SHIMLA.

2. THE H.P. STAFF SELECTION COMMISSION, HAMIRPUR,DISTT. HAMIRPUR, H.P. THROUGH ITS SECRETARY.DISTT. HAMIRPUR, H.P. THROUGH ITS SECRETARY.

…..RESPONDENTS.

56. CIVIL WRIT PETITION No. 5175 of 2021.

1. YUV RAJ S/O SH. BRIKAM SINGH, R/O VILL. LAHROD, P.O.SANGALWARA, TEHSIL THUNAG, DISTRICT MANDI, H.P.AGED ABOUT 30 YEARS.SANGALWARA, TEHSIL THUNAG, DISTRICT MANDI, H.P.AGED ABOUT 30 YEARS.

2. DEVENDER KUMAR S/O SH. ROSHAN LAL, R/O VILL.RUHARA, P.O. SANGALWARA, TEHSIL THUNAG, DISTRICTMANDI, H.P. AGED ABOUT 35 YEARS.RUHARA, P.O. SANGALWARA, TEHSIL THUNAG, DISTRICTMANDI, H.P. AGED ABOUT 35 YEARS.

....PETITIONERS

AND

1. STATE OF H.P. THROUGH SECRETARY (PERSONNEL) TOTHE GOVERNMENT OF HIMACHAL PRADESH.THE GOVERNMENT OF HIMACHAL PRADESH.

2. HIMACHAL PRADESH STAFF SELECTION COMMISSION,HAMIRPUR, DISTRICT HAMIRPUR THROUGH ITSSECRETARY.HAMIRPUR, DISTRICT HAMIRPUR THROUGH ITSSECRETARY.

….RESPONDENTS.

57. CIVIL WRIT PETITION NO. 5189 OF 2021.SARITA DEVI D/O SH. DAYA RAM, R/O H. NO. 222,BHALENA 161, TEHSIL SANGARH SIRMAUR, H.P. 173023

AND

1. STATE OF HIMACHAL PRADESH THROUGH SECRETARY(TECHNICAL EDUCATION) TO THE GOVERNMENT OFHIMACHAL PRADESH, SHIMLA-171002.2.THE HIMACHAL PRADESH STAFF SELECTIONCOMMISSION, HAMIRPUR, DISTRICT HAMIRPURTHROUGH ITS SECRETARY...RESPONDENTS.

REKHA KUMARI W/O SHRI BALDEV SINGH, RESIDENT OFV.P.O. BASANTPUR, TEH. SARKAGHAT, DISTRICT MANDI,HIMACHAL PRADESH.

...PETITIONER.

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITS CHIEFSECRETARY TO THE GOVERNMENT OF HIMACHALPRADESH, SHIMLA-2.SECRETARY TO THE GOVERNMENT OF HIMACHALPRADESH, SHIMLA-2.

2. THE H.P. STAFF SELECTION COMMISSION, HAMIRPUR,DISTRICT HAMIRPUR, HIMACHAL PRADESH THROUGHITS SECRETARY.DISTRICT HAMIRPUR, HIMACHAL PRADESH THROUGHITS SECRETARY.

3. THE PERSONNEL DEPARTMENT, GOVERNMENT OF H.P.,SHIMLA-02, THROUGH ITS SECRETARY.SHIMLA-02, THROUGH ITS SECRETARY.

...RESPONDENTS

59. CIVIL WRIT PETITION NO. 5761 OF 2021.

KAMAL THAKUR, S/O SHRI BISHANSINGH, RESIDENT OF VILLAGECHANYANA, TEH. PACHHAD, P.O.BHELAN, HIMACHAL PRADESH.

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITS CHIEFSECRETARY TO THE GOVERNMENT OF HIMACHALPRADESH, SHIMLA-2.SECRETARY TO THE GOVERNMENT OF HIMACHALPRADESH, SHIMLA-2.

2. THE H.P. STAFF SELECTION COMMISSION, HAMIRPUR,DISTRICT HAMIRPUR, HIMACHAL PRADESH THROUGHITS SECRETARY.DISTRICT HAMIRPUR, HIMACHAL PRADESH THROUGHITS SECRETARY.

3. THE PERSONNEL DEPARTMENT, GOVERNMENT OF H.P.,SHIMLA-02, THROUGH ITS SECRETARY.SHIMLA-02, THROUGH ITS SECRETARY.

...RESPONDENTS

60. CIVIL WRIT PETITION NO. 5673 OF 2021.ROOP SINGH S/O SH. SHIV RAM, VILLAGE DAWANA, P.O.MAHOG, TEHSIL KARSOG, DISTRICT MANDI, H.P.

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITS CHIEFSECRETARY TO THE GOVERNMENT OF HIMACHALPRADESH, SHIMLA.

2. THE H.P. STAFF SELECTION COMMISSION, HAMIRPUR,DISTRICT HAMIRPUR, H. P. THROUGH ITS SECRETARY.

...RESPONDENTS

61. CIVIL WRIT PETITION NO. 5674 OF 2021.

NETER SINGH S/O SH. DURGA DASS, VILLAGE BHANWAS,P.O. JAROL, TEHSIL THUNAG, DISTRICT MANDI, H.P.

...PETITIONER.

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITS CHIEFSECRETARY TO THE GOVERNMENT OF HIMACHALPRADESH, SHIMLA.SECRETARY TO THE GOVERNMENT OF HIMACHALPRADESH, SHIMLA.

2. THE H.P. STAFF SELECTION COMMISSION, HAMIRPUR,DISTRICT HAMIRPUR, HIMACHAL PRADESH THROUGHITS SECRETARY.DISTRICT HAMIRPUR, HIMACHAL PRADESH THROUGHITS SECRETARY.

3. THE PERSONNEL DEPARTMENT, GOVERNMENT OF H.P.,SHIMLA-02, THROUGH ITS SECRETARY.SHIMLA-02, THROUGH ITS SECRETARY.

...RESPONDENTS

62. CIVIL WRIT PETITION NO. 5193 OF 2021.

NARENDER PAL SHARMA S/O SH. GIAN CHAND SHARMA,R/O BADWAL, P.O. BOONI, DISTRICT HAMIRPUR, 177048

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITSSECRETARY (TECHNICAL EDUCATION) TO THEGOVERNMENT OF HIMACHAL PRADESH, SHIMLA-171002.SECRETARY (TECHNICAL EDUCATION) TO THEGOVERNMENT OF HIMACHAL PRADESH, SHIMLA-171002.

2. THE HIMACHAL PRADESH STAFF SELECTIONCOMMISSION, HAMIRPUR, DISTRICT HAMIRPUR,HIMACHAL PRADESH THROUGH ITS CHAIRMAN.COMMISSION, HAMIRPUR, DISTRICT HAMIRPUR,HIMACHAL PRADESH THROUGH ITS CHAIRMAN.

...RESPONDENTS

63. CIVIL WRIT PETITION NO. 6410 OF 2021

PAWAN KUMAR SON OF SH. DEEP RAM VILLAGE AISHA,P.O. DHAROGRA, TEHSIL SUNNI, DISTRICT SHIMLA, H.P.

..PETITIONER.

AND

HIMACHAL PRADESH STAFF SELECTION COMMISSION,THROUGH ITS SECRETARY HAMIRPUR, DISTRICTHAMIRPUR, H.P.

...RESPONDENT.

64. CIVIL WRIT PETITION NO. 6557 OF 2021.

NIDHI BHARDWAJ W/O SUNIL THAKUR R/O VILLAGEMANGHECH, P.O. GHANAHATI, TESHIL AND DISTRICTSHIMLA, H.P. 171014.

….PETITIONER.

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITS CHIEFSECRETARY, SHIMLA-2.

2. THE H.P. STAFF SELECTION COMMISSION, HAMIRPUR,DISTRICT HAMIRPUR, HIMACHALPRADESH THROUGHITS SECRETARY.

3. THE PERSONNEL DEPARTMENT, GOVERNMENT OF H.P.,SHIMLA-02, THROUGH ITS SECRETARY.

….RESPONDENTS.

65. CIVIL WRIT PETITION NO. 6465 OF 2021.

PALLVI SHARMA W/O ASHISH SHARMA R/O VILLAGEGARGHON PALASHON, P.O. BAG PASHOG, TEHSILPACHHAD, DISTRICT SIRMOUR, H.P. 173024.

….PETITIONER.

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITS CHIEFSECRETARY, SHIMLA-2.

2. THE H.P. STAFF SELECTION COMMISSION, HAMIRPUR,DISTRICT HAMIRPUR, HIMACHALPRADESH THROUGHITS SECRETARY.

3. THE PERSONNEL DEPARTMENT, GOVERNMENT OF H.P.,SHIMLA-02, THROUGH ITS SECRETARY.

….RESPONDENTS.

66. CIVIL WRIT PETITION NO. 6467 OF 2021.

SUNIL THAKUR S/O SH. RAJINDER THAKUR, R/O VILLAGEMANGHECH, P.O. GHANAHATTI, TEHSIL AND DISTRICTSHIMLA, HIMACHAL PRADESH-171004.

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITS CHIEFSECRETARY, SHIMLA-2.SECRETARY, SHIMLA-2.

2. THE H.P. STAFF SELECTION COMMISSION, HAMIRPUR,DISTRICT HAMIRPUR, HIMACHALPRADESH THROUGHITS SECRETARY.DISTRICT HAMIRPUR, HIMACHALPRADESH THROUGHITS SECRETARY.

3. THE PERSONNEL DEPARTMENT, GOVERNMENT OF H.P.,SHIMLA-02, THROUGH ITS SECRETARY.SHIMLA-02, THROUGH ITS SECRETARY.

….RESPONDENTS.

67. CIVIL WRIT PETITION NO. 7179 OF 2021

AMAR SINGH, S/O SHRI TEK SINGH, RESIDENT OFVILLAGE CHHANYERA, P.O. PANGNA, TEH. KARSOG, SUBTEHSIL PANGNA, HIMACHAL PRADESH.

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITS CHIEFSECRETARY, TO THE GOVERNMENT OF HIMACHALPRADESH, SHIMLA-2.

2. THE H.P. STAFF SELECTION COMMISSION, HAMIRPUR,DISTRICT HAMIRPUR, HIMACHALPRADESH THROUGHITS SECRETARY.DISTRICT HAMIRPUR, HIMACHALPRADESH THROUGHITS SECRETARY.

3. THE PERSONNEL DEPARTMENT, GOVERNMENT OF H.P.,SHIMLA-02, THROUGH ITS SECRETARY.

….RESPONDENTS.

68. CIVIL WRIT PETITION NO. 7203 OF 2021.

SAHIL VERMA S/O SH. RAMESH VERMA, R/O 111/1A BYEPASS ROAD KATHER, NEAR MEGA STORE SOLAN BASAL(48) CHAMBAGHAT SOLAN (HP) 173213.

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITS CHIEFSECRETARY, SHIMLA-2.SECRETARY, SHIMLA-2.

2. THE H.P. STAFF SELECTION COMMISSION, HAMIRPUR,DISTRICT HAMIRPUR, HIMACHALPRADESH THROUGHITS SECRETARY.DISTRICT HAMIRPUR, HIMACHALPRADESH THROUGHITS SECRETARY.

3. THE PERSONNEL DEPARTMENT, GOVERNMENT OF H.P.,SHIMLA-02, THROUGH ITS SECRETARY.SHIMLA-02, THROUGH ITS SECRETARY.

….RESPONDENTS.

69. CIVIL WRIT PETITION NO. 7213 OF 2021.PRIYANKA WALIA W/O ANKUSH WALIA C/O AMAR NATHWALIA VPO PAPROLA TEH. BAIJ NATH DISTRICTKANGRA, (H.P.) 176115.

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITS CHIEFSECRETARY, SHIMLA-2.

2. THE H.P. STAFF SELECTION COMMISSION, HAMIRPUR,DISTRICT HAMIRPUR, HIMACHALPRADESH THROUGHITS SECRETARY.

3. THE PERSONNEL DEPARTMENT, GOVERNMENT OF H.P.,SHIMLA-02, THROUGH ITS SECRETARY.

….RESPONDENTS.

70. CIVIL WRIT PETITION NO. 7234 OF 2021.REENA KUMARI D/O SH. BASU DEV, R/O VILLAGE. BASLA,P.O. BRAHMPUKHAR, TEHSIL SADAR, DISTRICTBILASPUR PIN-174001.

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITS CHIEFSECRETARY, SHIMLA-2.

2. THE H.P. STAFF SELECTION COMMISSION, HAMIRPUR,DISTRICT HAMIRPUR, HIMACHALPRADESH THROUGHITS SECRETARY.

3. THE PERSONNEL DEPARTMENT, GOVERNMENT OF H.P.,SHIMLA-02, THROUGH ITS SECRETARY.

….RESPONDENTS.

71. CIVIL WRIT PETITION NO. 7743 OF 2021.SH. NARINDER KUMAR S/O SH. SAWROOP CHAND,OCCUPATION AGRICULTURIST, AGED ABOUT 33 YEARS,RESIDENT OF VPO JASSI, TEHSIL BAROH, DISTRICTKANGRA, H.P. 176054.

AND

1. STATE OF HIMACHAL PRADESH THROUGH SECRETARY(TECHNICAL EDUCATION) TO THE GOVERNMENT OFHIMACHAL PRADESH.(TECHNICAL EDUCATION) TO THE GOVERNMENT OFHIMACHAL PRADESH.

2. THE SECRETARY (PERSONNEL) TO THE GOVERNMENTOF HIAMCHAL PRADESH, SHIMLA-2.OF HIAMCHAL PRADESH, SHIMLA-2.

3. THE H.P. STAFF SELECTION COMMISSION, HAMIRPUR,THROUGH ITS SECRETARY, HAMIRPUR, HIMACHALPRADESH.THROUGH ITS SECRETARY, HAMIRPUR, HIMACHALPRADESH.

….RESPONDENTS.

72. CIVIL WRIT PETITION NO. 4621 OF 2021

Between:-

GOVIND SHARMAS/O SH. HIRA SINGH SHARMARESIDENT OF KAMAL COTTAGE SHAKTI VIHARPANTHAGHATI BEOLIA, SHIMLA TEHSIL &DISTRICT SHIMLA, H.P.

AND

1. STATE OF HIMACHAL PRADESH THROUGHSECRETARY (TECHNICAL EDUCATION)TO THE GOVERNMENT OF HIMACHAL PRADESH,SHIMLA-171002.SECRETARY (TECHNICAL EDUCATION)TO THE GOVERNMENT OF HIMACHAL PRADESH,SHIMLA-171002.

2. THE HIMACHAL PRADESH STAFF SELECTIONCOMMISSION, HAMIRPUR, DISTRICT HAMIRPURTHROUGH ITS CHAIRMAN. COMMISSION, HAMIRPUR, DISTRICT HAMIRPURTHROUGH ITS CHAIRMAN.

..RESPONDENTS

73. CIVIL WRIT PETITION NO. 4503 OF 2021

….PETITIONER ..RESPONDENTS

74. CIVIL WRIT PETITION NO. 4387 OF 2021

..RESPONDENTS

75. CIVIL WRIT PETITION NO. 4349 OF 2021

Between:-

SH. SURESH KUMARS/O SH. BALDEV SINGH,R/O VILLAGE KOLLAR, P.O. KOLLAR, TEHSIL PAONTA SAHIB, DISTRICTSIRMAUR, H.P.

ITS CHIEF SECRETARY, SHIMLA-2.

2. THE H.P. STAFF SELECTION COMMISSION,HAMIRPUR, DISTRICT HAMIRPUR, HIMACHAL PRADESH THROUGH ITSSECRETARY.

3. THE PERSONNEL DEPARTMENT,GOVERNMENT OF H.P. SHIMLA-02,THROUGH ITS SECRETARY. ..RESPONDENTS

80. CIVIL WRIT PETITION NO. 3891 OF 2021

Between:-

RACHNA KUMARID/O SH. SURJIT SINGHR/O VILLAGE SHANI, P.O. TANDISUB TEHSIL NITHER DISTT. KULLU, H.P. 172033.

AND

1. STATE OF HIMACHAL PRADESH THROUGHITS CHIEF SECRETARY, SHIMLA-2.

2. THE H.P. STAFF SELECTION COMMISSION,HAMIRPUR, DISTRICT HAMIRPUR, HIMACHAL PRADESH THROUGH ITSSECRETARY.

3. THE PERSONNEL DEPARTMENT,GOVERNMENT OF H.P. SHIMLA-02,THROUGH ITS SECRETARY. ..RESPONDENTS

81. CIVIL WRIT PETITION NO. 3888 OF 2021

Between:-

PRATAP SINGHS/O SH. HIMAT RAMR/O VILLAGE THUNAGI, P.O. CHHTRITEHSIL THUNAG, DISTRICT MANDI, H.P.

AND

1. STATE OF HIMACHAL PRADESH THROUGHITS CHIEF SECRETARY TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA.

2. THE H.P. STAFF SELECTION COMMISSION,HAMIRPUR, DISTT. HAMIRPUR, H.P.THROUGH ITS SECRETARY.

..RESPONDENTS

82. CIVIL WRIT PETITION NO. 7209 OF 2021

VAIBHAV SHARMAS/O SH. S.K. SHARMA R/O NEAR GURUDARA BHAWANUPPER BAZAR SOLAN, NITIN DAILY NEEDSDISTT. SOLAN HP

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITSCHIEF SECRETARY, SHIMNLA-2.

2. THE H.P. STAFF SELECTION COMMISSION, HAMIRPUR DISTRICT HAMIRPUR, HIMACHAL PRADESH THROUGH ITS SECRETARY.

3. THE PERSONNEL DEPARTMENT,GOVERNMENT OF H.P., SHIMLA-02 THROUGH ITS SECRETARY.GOVERNMENT OF H.P., SHIMLA-02 THROUGH ITS SECRETARY.

83 CIVIL WRIT PETITION (ORIGINAL APPLICATION)

NO. 7585 OF 2019

1. AKSHAY SHARMA SON OF SHRI DAVINDER KUMAR SHARMA,R/O RAMA BHAWAN NEAR BINDER COLONY JUBDI DHAR DHALLI SHIMLA.R/O RAMA BHAWAN NEAR BINDER COLONY JUBDI DHAR DHALLI SHIMLA.

2. ANKUSH SHARMA SON OF SHRI NARENDER KUMAR,RESIDENT OF KHUBJA BHAWAN GOHAN LOWER CEMETERY ROAD SANJAULI SHIMLA, HIMACHAL PRADESH.RESIDENT OF KHUBJA BHAWAN GOHAN LOWER CEMETERY ROAD SANJAULI SHIMLA, HIMACHAL PRADESH.

3. SANDEEP KUMAR SON OF SHRI VILLAGE BUDDU,POST OFFICE & TEHSIL GHUMARWIN BILASPUR, HIMACHAL PRADESH. POST OFFICE & TEHSIL GHUMARWIN BILASPUR, HIMACHAL PRADESH.

4. MANISH KAPOOR SON OF SHRI ROSHAN LALR/O VILLAGE SAYAND, POST OFFICE LOHARADISTRICT MANDI, HIMACHAL PRADESH.R/O VILLAGE SAYAND, POST OFFICE LOHARADISTRICT MANDI, HIMACHAL PRADESH.

5. SANDEEP KUMAR SON OF SHRI BHAG SINGHRESIDENT OF VILLAGE BUDDU, POST OFFICE & TEHSIL GHUMARWIN, DISTRICT BILASPUR, HIMACHAL PRADESH.RESIDENT OF VILLAGE BUDDU, POST OFFICE & TEHSIL GHUMARWIN, DISTRICT BILASPUR, HIMACHAL PRADESH.

6. RAJ KUMAR SON OF SHRI DESH RAJR/O TEHSIL SARKAGHAT BAG (175) MANDI, HIMACHAL PRADESH.

7. PANKAJ SHARMA SON OF SHRI CHUNI LAL,RESIDENT OF VILLAGE REWALSAR, DISTRICT MANDI, HIMACHAL PRADESH.

8. VIRENDER KUMAR SON OF LATE SHRI SANT RAM,RESIDENT OF VILLAGE MATYARA, TEHSIL BALDWARA, DISTRICT MANDI, HIMACHAL PRADESH.RESIDENT OF VILLAGE MATYARA, TEHSIL BALDWARA, DISTRICT MANDI, HIMACHAL PRADESH.

9. PANKAJ KUMAR SON SH. JOGINDER SINGHVPO BHATALI PHAKARIAN, TEHSIL DEHRA DISTRICT KANGRA, H.PVPO BHATALI PHAKARIAN, TEHSIL DEHRA DISTRICT KANGRA, H.P

10. MOHIT MAHAJAN, SON SHRI BRIJESH MAHAJANR/O MOHALLA JANSALI, POST OFFICE & DISTRICT CHAMBA HIMACHAL PRADESH.R/O MOHALLA JANSALI, POST OFFICE & DISTRICT CHAMBA HIMACHAL PRADESH.

11. SUSHIL CHAND KATOCH SON OF SH. PRAKASH SINGH KATOCH RESIDENT OF VILLAGE BHAGOT, POST KUTHERA, TEHSIL GHUMARWIN, DISTRICT BILASPUR. RESIDENT OF VILLAGE BHAGOT, POST KUTHERA, TEHSIL GHUMARWIN, DISTRICT BILASPUR.

12. ABHIMANYU SINGH SON OF SHRI JEEVAN SINGH THAKURRESIDENT OF VILLAGE KUTWA, POST OFFICE KAMAND TEHSIL ANI, DISTRICT KULLU, HIMACHAL PRADESH. RESIDENT OF VILLAGE KUTWA, POST OFFICE KAMAND TEHSIL ANI, DISTRICT KULLU, HIMACHAL PRADESH.

13. ABHISHEK KAUNDAL SON OF SHRI MANSA RAMRESIDENT OF VILLAGE THARU, POST OFFICE AND TEHSIL NAGROTA BAGWAN, DISTRICT KANGRA, HIMACHAL PRADESH. RESIDENT OF VILLAGE THARU, POST OFFICE AND TEHSIL NAGROTA BAGWAN, DISTRICT KANGRA, HIMACHAL PRADESH.

14. SANJEEV KUMAR SON OF SHRI DEVIRESIDENT OF VILLAGE RAMNAGAR…..RESIDENT OF VILLAGE RAMNAGAR…..

....PETITIONERS.

AND

1. STATE OF HIMACHAL PRADESH THROUGH CHIEF SECRETARYTO THE GOVERNMENT OF HIMACHAL PRADESH.TO THE GOVERNMENT OF HIMACHAL PRADESH.

2. SECRETARY PERSONNEL TO THE GOVERNMENT OFHIMACHAL PRADESH.HIMACHAL PRADESH.

3. H.P. STAFF SELECTION COMMISSION, HAMIRPUR,DISTRICT HAMIRPUR, THROUGH ITS SECRETARY.DISTRICT HAMIRPUR, THROUGH ITS SECRETARY.

4. BAL KRISHAN SON OF SHRI MEGH RAMRESIDENT OF VILLAGE DIMO, POST OFFICE SARAIN TEHSIL CHOPAL DISTRICT SHIMLA.

5. SHRI PRADEEP KUMAR SON OF SHRI TARA CHAND,RESIDENT OF VILLAGE KOT, POST OFFICE BALINDI, TEHSILKARSOG, DISTRICT MANDI, HIMACHAL PRADESH.

6. SHRI BUNESHEWAR SINGH,VPO SINDSALI, TEHSIL CHIRGAON, DISTRICT SHIMLA, HIMACHAL PRADESH.

7. SHRI HARSH KUMAR SON OF SHRI PRADEEP KUMAR,RESIDENT OF VILLAGE ALWAH, POST OFFICE BADORG, TEHSIL THEOG, DISTRICT SHIMLA, HIMACHAL PRADESH. RESIDENT OF VILLAGE ALWAH, POST OFFICE BADORG, TEHSIL THEOG, DISTRICT SHIMLA, HIMACHAL PRADESH.

8. MR. PARNEET SHARAM SON OF SHRI VASUDEV SHARMARESIDING AT DIVYA COTTAGE, NEAR JAIN TRADERS, PANTHAGHATI, SHIMLA 171009. RESIDING AT DIVYA COTTAGE, NEAR JAIN TRADERS, PANTHAGHATI, SHIMLA 171009.

9. MR. KULDEEP SHARMA SON OF SHRI RAJ KUMAR SHARMA,RESIDENT OF VILLAGE KOTI, POST OFFICE MARHANA, TEHSIL GHUMARWIN, BILASPUR. RESIDENT OF VILLAGE KOTI, POST OFFICE MARHANA, TEHSIL GHUMARWIN, BILASPUR.

10. MS. JYOTI, DAUGHTER OF SHRI DINESA KUMAR,RESIDENT OF PUNJAB HOUSE, GHORA CHOWKI, SHIMLA-171005.RESIDENT OF PUNJAB HOUSE, GHORA CHOWKI, SHIMLA-171005.

11. MRS. SAVITA VERMA, DAUGHTER OF SHRI GOPAL VERMA,R/O VERMA NIWAS, NEAR FOREST CHOWKI, GORKHU-LODGE,KASUMPTI, SHIMLA-171009.R/O VERMA NIWAS, NEAR FOREST CHOWKI, GORKHU-LODGE,KASUMPTI, SHIMLA-171009.

12. MRS. VANITA D/O SHRI PARMANAND,R/O BAGHAL NIWAS, CONVENT VIEW AREA,CHOTA SHIMLA, SHIMLA-2R/O BAGHAL NIWAS, CONVENT VIEW AREA,CHOTA SHIMLA, SHIMLA-2

13. MR. RAJEEV KUMAR SON OF SHRI PREM CHANDRESIDENT OF VILLAGE CHOGAN, POST BIRTEHSIL BAIJNATH, DISTRICT KANGRA.

14. MR. JANESH KUMAR SON OF LATE SHRI RAJINDER SINGHR/O PRINCE LODGE, INDER NAGAR, DHALLI, SHIMLA-171012.

15. MR. PANKAJ SHARMA SON OF SHRI H.R. SHARMA,R/O SHARMA HOUSE, KANGADHAR, BELOW BCS NEW SHIMLA171009.R/O SHARMA HOUSE, KANGADHAR, BELOW BCS NEW SHIMLA171009.

16. MR. RAM DAYAL SON OF SHRI CHAMAN RAMRESIDENT OF VILLAGE MANDOHTA, POST OFFICE BHARARU, TEHSIL JOGINDERNAGAR, DISTRICT MANDI.

17. MR. SUSHIL CHAUHAN SON OF SHRI SURJEET SINGHRESIDENT OF VILLAGE KHANI, POST OFFICE TANDI TEHSIL ANNI, DISTRICT KULLU.

18. MR. RAKESH KUMAR SON SHRI NARIANVILLAGE GICHHNA, POST OFFICE MAKRAOG,TEHSIL CHOPAL, DISTRICT SHIMLA-171211.

19. MR. VIVEK THAKUR SON OF SHRI SOHAN SINGH THAKUR, RESIDENT OF VILLAGE SAHAJ, POST OFFICE JASSAL,TEHSIL KARSOG, DISTRICT MANDI-175009.

20. MR. KULWANT SINGH SON OF SHRI LAJJA RAMRESIDENT OF VILLAGE SHAUNGI, POST OFFICE, RESIDENT BAGSHAR, TEHSIL KARSOG, DISTRICT MANDI-175009.

....RESPONDENTS

MR. DILIP SHARMA, MS. RANJANAPARMAR, MR. SANJEEV BHUSHAN, MR.ANKUSH DASS SOOD, MR. AJAYSHARMA AND MR. V.S. CHAUHAN,SENIOR ADVOCATES WITH MR. KARANSINGHPARMAR,MR.RAKESHCHAUHAN, MR. RAJNEESH K. LAL, MR.AJAY KASHYAP, MR. ANAND SHARMA,MR. ANIL KUMAR, MR. AJAYCHAUHAN, MR. RAKESH K. DOGRA,MR. NARESH VERMA, MR. VIKASRAJPUT, MR. PANKAJ SAWANT, MR.MANISHSHARMA,MS.REETAHINGMANG, MR. PRAVEEN KUMARCHANDEL, MR. SANJAY SINGH, MS.ARCHNA DUTT, MR. VISHAL SINGHTHAKUR, MR. DIGVIJAY SINGHTHAKUR, MS. VEENA SHARMA, MR.ABHISHEK SHARMA, MR. NARENDERREDDY, MR. NEERAJ SHARMA, MR.HEMANT KUMAR THAKUR, MR.SANJAY SINGH, MS. SEEMA K.GULERIA,MR.SHYAMSINGHCHAUHAN, MR. AMIT JAMWAL, MR.R.L. VERMA, MR. NARESH KUMARVERMA, MR. DHEERAJ KANWAR,ADVOCATES, FOR THE PETITIONER(S)IN THE RESPECTIVE PETITIONS. PARMAR, MR. SANJEEV BHUSHAN, MR.ANKUSH DASS SOOD, MR. AJAYSHARMA AND MR. V.S. CHAUHAN,SENIOR ADVOCATES WITH MR. KARANSINGHPARMAR,MR.RAKESHCHAUHAN, MR. RAJNEESH K. LAL, MR.AJAY KASHYAP, MR. ANAND SHARMA,MR. ANIL KUMAR, MR. AJAYCHAUHAN, MR. RAKESH K. DOGRA,MR. NARESH VERMA, MR. VIKASRAJPUT, MR. PANKAJ SAWANT, MR.MANISHSHARMA,MS.REETAHINGMANG, MR. PRAVEEN KUMARCHANDEL, MR. SANJAY SINGH, MS.ARCHNA DUTT, MR. VISHAL SINGHTHAKUR, MR. DIGVIJAY SINGHTHAKUR, MS. VEENA SHARMA, MR.ABHISHEK SHARMA, MR. NARENDERREDDY, MR. NEERAJ SHARMA, MR.HEMANT KUMAR THAKUR, MR.SANJAY SINGH, MS. SEEMA K.GULERIA,MR.SHYAMSINGHCHAUHAN, MR. AMIT JAMWAL, MR.R.L. VERMA, MR. NARESH KUMARVERMA, MR. DHEERAJ KANWAR,ADVOCATES, FOR THE PETITIONER(S)IN THE RESPECTIVE PETITIONS.

Arguments

MR. B.C.NEGI, SR. ADVOCATE WITHMR. SANJEEV KUMAR AND MR.ANGREZ KAPOOR, ADVOCATES, FORTHE APPELLANTS IN LPA NOS. 41, 42, 43,62, 63, 64, 70 AND 71 OF 2021.

MS. SUCHITRA SEN, ADVOCATES, FORTHE APPELLANTS IN LPA NOS. 116 TO126 OF 2021.

MR. ASHOK SHARMA, ADVOCATEGENERAL WITH MR. RAJINDERDOGRA,SENIORADDITIONALADVOCATE GENERAL, MR. VINODTHAKUR, MR. SHIV PAL MANHANS,MR. HEMANSHU MISRA, ADDITIONALADVOCATE GENERALS AND MR.BHUPINDERTHAKUR,DEPUTYADVOCATE GENERAL, FOR THERESPONDENTS-STATE.

MR. SANJEEV KUMAR, MR. ANGREZKAPOOR AND MS. SUCHITRA SEN,ADVOCATES, FOR THE RESPONDENT-H. P. STAFF SELECTION COMMISSION,IN THE RESPECTIVE PETITION(S).

MR. ANKUSH DASS SOOD, SENIORADVOCATE WITH MR. RAJNEESHK.LAL,ADVOCATE,FORRESPONDENT NO.1 IN LPA NO. 43 OF2021.

MR. ANKUSH DASS SOOD, SR.ADVOCATE WITH MS. SHWETAJOOKLA, MR. ONKAR JAIRATH, MS.SHALINI THAKUR, MR. NAVEEN K.BHARDWAJ, MR. AJAY SHANDIL, MR.ANIL KUMAR GOD, MR. AVINASHJARYAL, MR. J. L. BHARDWAJ, MS.YOGITA DUTTA, MR. MALAYKAUSHAL, MR. RAKESH KUMARDOGRA, MR. VINOD CHAUHAN, MS.KIRAN SHARMA, MR. K. C.SANKHYAN, MR. RAJ KUMAR NEGI,MR. SUNIL KUMAR, MS. RICHASHARMA, MR.JAI RAM SHARMA, MR.NARESH K. SHARMA, MR. TARUNSHARMA, MR. ARVIND, RAJENDERTHAKUR, MS. REETA HINGMANG, MR.ANAND SHARMA, MR. ANIL THAKURAND MS. SEEMA K. GULERIA, ADVOCATES, FOR THE RESPONDENTSIN THE RESPECTIVE PETITIONS.

Reserved on: 08.12.2021Decided on: 31.12.2021

____________________________________________________________________

These petitions coming on for hearing this day, Hon’ble Mr. JusticeSatyen Vaidya, passed the following:

O R D E R

All these petitions are being decided together by a common judgment asidentical questions of fact and law are involved.

The questions, posed for determination herein, have arisen fromhappening of events which have sequentially continued for inordinate period ofmore than six years.

2. Government of Himachal Pradesh had created posts of Junior OfficeAssistant (Information and Technology), Class-III, Non-Gazetted [for short,“JOA (IT”)] for recruitment in its various Administrative Departments. CommonRecruitment and Promotion Rules (for short, “2014 Rules”) for the post JOA (IT)were notified on 24[th] December, 2014. The minimum educational and otherqualifications for the direct recruitment were prescribed as under: - (a)ESSENTIAL QUALIFICATION:- (i)10+2 from a recognized Board of School Education/University.

(ii) One year Diploma in Computer Science/Computer Application/InformationTechnologyfromarecognizedUniversity/Institution.InformationTechnologyfromarecognizedUniversity/Institution.

(iii) Computer typing speed of 30 words per minute in English or 25 words per minute in Hindi.words per minute in Hindi.

OR

(i) 10+2 from a recognized Board of School Education/University.

(ii) ‘O’ or ‘A’ level Diploma from National Institute of Electronics &Information Technology (NIELIT).Information Technology (NIELIT).

(iii) Computer typing speed of 30 words per minute in English or 25 words per minute in Hindi.words per minute in Hindi.

(b) DESIRABLE QUALIFICATION(S).- Knowledge of customs, manner and dialects of Himachal Pradesh and suitability for appointment in the peculiar conditions prevailing in the Pradesh.”manner and dialects of Himachal Pradesh and suitability for appointment in the peculiar conditions prevailing in the Pradesh.”

3. The Himachal Pradesh Public Service Commission (for short“HPSSC”) vide Advertisement No. 30/2015 dated 13.02.2015 invitedapplications from the eligible candidates for appointment to 1421 posts ofJOA(IT). Though the prescribed minimum essential qualifications wereas per R&P Rules, still, besides the candidates having qualifications as peradvertisement, a large number of candidates falling under one of thefollowing categories were also provisionally admitted by HPSSC:

(i) Those who either held qualification higher to the prescribedqualifications;

(ii) those who were having prescribed qualifications but frominstitutes which were not considered as recognized;

(iii) those who held qualification equivalent to the prescribedqualification.

This anomalous situation was result of the prevalent procedurewhich required applications to be submitted online without supportingdocuments merely on the basis of declaration of candidate made in theonline recruitment applications. However, there was clear stipulation inthe advertisement that the candidates must ensure their eligibility inrespect of category, experience, age and essential qualification(s) etc. as per requirement of the post advertised to avoid rejection at later stage.

4. Having received the applications from large number of candidateswhose educational qualifications were not strictly in accordance with theprescription made either in the 2014 Rules or the advertisement, HPSSCstarted to seek clarification from the State Government since as far backas 4.11.2015, when for the first time HPSSC sought clarification fromState Government by posing questions as under:

“1. Whether a certificate or diploma issued by any registered instituteoperating within the state of H.P. or from outside the state is validfor determining eligibility for recruitment to the post of JuniorOffice Assistant (IT) or such certificates issued by recognizedinstitutes are to be accepted.operating within the state of H.P. or from outside the state is validfor determining eligibility for recruitment to the post of JuniorOffice Assistant (IT) or such certificates issued by recognizedinstitutes are to be accepted.

2. A list of registered/recognized institutes whose diplomas/certificatesare valid/recognized for determining eligibility for the post.are valid/recognized for determining eligibility for the post.

3. Any other clarification/guidelines as deemed fit in respect of therecruitment to the post.”recruitment to the post.”

The process seeking clarification continued thereafter as is evident from series of correspondence dated 25.02.2016, 27.12.2016, 29.5.2017,3.6.2017, 24.6. 2017 and 14.7.2017 available on record of CWPOA 34 of2019 (Pawan Kumar and others Vs State of H.P and others).

5. In absence of any decision from the State Government, HPSSCcontinued with selection process. A written objective type test was held on10.04.2016. Total 12473 candidates qualified the test and were called toundertake Skilled Typing Test. 10271 candidates appeared for the SkilledTyping Test and 4092 candidates qualified and were called for interviewswhich were scheduled from 13.05.2017 to 12.07.2017. Candidature of all candidates, except those who were found to be holding qualificationstrictly as per 2014 Rules, were rejected. Faced with the situation, some ofpersons with rejected candidature approached the then StateAdministrative Tribunal (for short, “Tribunal”) against their rejection byway of OA Nos. 2830, 2989, 2994, 2998, 3009 and 3026 of 2017 and anorder dated 30.6.2017 came to be passed by the Tribunal in followingterms:

Heard.

Notice in all the original applications except O.A. No.2994of 2017, which is accepted by Ms. Archna Dutt in O.A. Nos.2830and 3026 of 2017 and Mr. Raj Kumar Negi in O.A. Nos.2989,2998 and 3009 of 2017, learned Standing Counsel, respectively.

2. All these matters being inter-connected, shall standclubbed together.

3. On an oral prayer made on behalf of the applicant(s), Stateof Himachal Pradesh through the Secretary (Personnel) to theGovernment of Himachal Pradesh, is ordered to be impleaded asco-respondent No.2 in all the original applications except O.A.No.2998 of 2017. Copies supplied. Amended memos of parties befiled by the next date of hearing. The Registry also to reflect thisorder in the list of parties in all the original applications exceptO.A. No.2998 of 2017.

4. Notice on behalf of respondent No.1-State in O.A. No.2998of 2017 and newly added respondent No.2 in other OAs is alsowaived by Mr. Gaurav Kochhar, learned Dy. AG.

5. Replies be filed within four weeks.

6. In terms of the previous order dated 28.06.2017 passed inO.A. No.2994 of 2017, Bhavnesh Kumar and others VersusHimachal Pradesh Staff Selection Commission, the learnedStanding Counsel for the respondent-Commission has filed instructions dated 29[th] June, 2017, which are taken on record.

7. Heard the learned counsel for the parties on the prayer onbehalf of the applicant(s) for interim relief.

8. The process for recruitment to the post of Junior OfficeAssistant (IT) has been initiated by the respondent-Commission.The requisite qualifications for the post are as under:- “EDUCATIONAL QUALIFICATION:- (i)10+2 from a recognized Board of School Education/University.University.

(ii) One year Diploma in Computer Science/ComputerApplication /Information Technology from a recognizedUniversity/Institution.Application /Information Technology from a recognizedUniversity/Institution.

(iii) Computer typing speed of 30 words per minute inEnglish or 25 words per minute in Hindi.English or 25 words per minute in Hindi.

OR

(i) 10+2 from a recognized Board of School Education/University.University.

(ii) ‘O’ or ‘A’ Level Diploma from National Institute ofElectronics & Information Technology (NIELIT).Electronics & Information Technology (NIELIT).

(iii) Computer typing speed of 30 words per minute inEnglish or 25 words per minute in Hindi.English or 25 words per minute in Hindi.

(i) 10+2 from a recognized Board of School Education/University.University.

(ii) Diploma in Information Technology (IT) from arecognized ITI/Institution.recognized ITI/Institution.

(iii) Computer typing speed of 30 words per minute inEnglish or 25 words per minute in Hindi.”English or 25 words per minute in Hindi.”

9. All the applicants are 10+2. However, the nomenclaturesof the one year diploma held by them in Computer is not inconsonance with the nomenclature of the diploma mentioned in the

aforesaid educational qualifications. However, prima facie, it ismade out that they are holding one year diploma in Computer. Insuch circumstances, there shall be a direction in the interim to therespondent-Commission to permit the applicant(s), who admittedlyhave already appeared in the written/typing test, to appear in theinterview, provisionally. However, their result shall not bedeclared and instead kept in a sealed cover till the matter withregard to equivalence of the diploma held by them with thediploma required as per the aforesaid educational qualifications isconsidered and decided by the newly added respondent No.2-State,which shall be done as expeditiously as possible, but within areasonable timeframe.

10. It shall be the responsibility of each of the applicants toproduce certified copy of this order before the Secretary torespondent No.1-Commission forthwith.

All these original applications were later registered as CWPOA Nos.2253, 2289, 2290, 2388, 2394 and 7681 of 2020 in this Court afterabolition of the Tribunal.

6. On 21.8.2017, the State Government directed HPSSC to go aheadwith the recruitment process in terms of decision taken by the equivalencecommittee formed for the purpose. The communication dated 21.08.2017reads as under: - “I am directed to refer to your letter No. HPSSC 8(2)-862/15-13161 dated 14th July, 2017 and also the other references seekingclarification on the subject cited above and to say that the matter hasbeen considered at the Government Level in compliance of the directionspassed by the Hon'ble Himachal Pradesh Administrative Tribunal in OANo. 2994 of 2017 and other various similar OA's pending adjudicationbefore the Hon'ble, Himachal Pradesh Administrative Tribunal that theapplicant(s) be permitted to appear in the interview, provisionally and their result should be kept in sealed cover till the matter with regard toequivalence of the diploma held by them with the diploma required as perprescribed educational qualification in rules is considered and decided bythe State. While passing these orders the Hon'ble Himachal Pradeshcandidates are holding one year diploma in Computer thoughnomenclature of the one year diploma held by them in Computer is not inconsonance with the nomenclature as prescribed. The Government afterhaving detailed examination and convening a meeting of all concerneddepartments has arrived at the following decisions:

(1). All such candidates having one year Diploma in Computer orhigher qualification in Computer Science/Application/IT from anyprivate Institution like from. Society under Societies Act. RashtryaSaksharta Mission IT programme/Skill Development Programmeetc. be considered for final selection subject to having successfullypassed their skill test i.e. Typing Test on Computer and afterhaving obtained their undertaking/declaration certifying that theyhad attended the classes/diploma course by attending the classesregularly.

Analysis

(2). That the Computer Science is not limited to the specificnomenclature of Diploma prescribed in the R&P Rules, as such,the Diplomas in Computer and other Higher Qualificationsbelonging to Computer Science/application Irrespective of theirnomenclature be also considered for final selection subject tohaving successfully passed their skill test i.e. Typing Test onComputer and alter having their undertaking/declaration certifyingthat they had attended the classes/diploma course by attending theclasses regularly. There may be instance where certificates areissued instead of diploma, In: such cases, the Commission is toascertain and ensure that subjects stadled, are at par with one yearDiploma course in Computer Science/Application/IT.

(3). The date of personal interview of the candidate concerned inthe instant case be treated as valid date for evaluation/

consideration/acceptance of his/her diploma/ essentialqualification.

(4). With regard to educational qualification, as informed duringthe meeting, the Commission has sought clarification ofequivalence in some cases from the concerned authorities,therefore, the Commission need to proceed further in accordancewith the clarification/decision obtained from the State Level Boardof Equivalence Committee/H.P. Board of School Education byaccepting the qualification of such candidate(s) for this job if thatis found equivalent to 10+2 and valid for pursuing higher studies.”

The decision so taken and conveyed was subsequently approved bythe State Cabinet on 18.09.2017.

7. In pursuance to the above noticed decision of the Government,HPSSC reviewed the selection process and allowed those candidates to beconsidered for selection, who had earlier been rejected. Appointmentswere accordingly offered and made. Consequently, many candidatesthough eligible as per R&P Rules, could not find place in the merit ofselected candidates. This triggered another round of litigation. Some ofthese candidates approached the Tribunal by way of OA No. 5543 of 2017which later came to be registered as CWPOA 34 of 2019 in this Court andis also being decided herein. Since this Original Application was filedafter declaration of final select list of HPSSC and all the selected personswere impleaded as private respondents with the aid of order 1 Rule 8 ofthe Code of Civil Procedure.

8. Thus, following two sets of litigations arose out of selectionprocess undertaken by HPSSC for posts of JOA (IT) under Post Code 447(hereinafter referred to as “JOA 447”)

(i) OA Nos. 2830, 2989, 2994, 2998, 3009 and 3026 of 2017(later registered as CWPOA Nos. 2253, 2289,2290,2388,2394 and7681 of 2020 in this Court after abolition of the Tribunal) bycandidates whose candidature for JOA 447 was rejected by HPSSCfor not possessing qualification as per R&P Rules. (later registered as CWPOA Nos. 2253, 2289,2290,2388,2394 and7681 of 2020 in this Court after abolition of the Tribunal) bycandidates whose candidature for JOA 447 was rejected by HPSSCfor not possessing qualification as per R&P Rules.

(ii) OA No. 5543 of 2017 (later registered as CWPOA 34 of2019 in this Court) by candidates who failed to find their names inselect list as a consequence of decision dated 21.8.2017 2019 in this Court) by candidates who failed to find their names inselect list as a consequence of decision dated 21.8.2017

9. The above-mentioned litigation gave rise to the issue, Whetherthe decision dated 21.8.2017/18.9.2017 of State Government qualifiedthe test of legality and fairness, if so, whether the selections made byHPSSC to JOA 447, in pursuance to such decision, were valid?

10. For adjudication of above question, in the first instance, wepropose to consider the challenge raised by petitioners in CWPOA No. 34of 2019 which has been filed for following reliefs:

“i. That Annexure A-2 clarification dated 21[st] ofAugust 2017 issued by respondent number 1 may bequashed and set aside. Further Annexure A-3 officeorder dated 8 of September 2017 may also bequashed and set aside.

ii. That the respondent number 2 may be directed toprepare merit list of candidates possessing essentialand minimum qualification mention in theadvertisement No.3/2015 dated 13.2.2015 andrecommend their names for recruitment.”

11. Petitioners in CWPOA 34 of 2019 have raised following groundsfor seeking the reliefs as noticed above:

a)Respondents could not have prescribed additionalmode of selection.mode of selection.

b)There was no power to relax the R&P Rules vis-a-visessential qualification.essential qualification.

c)The entire exercise was done with oblique motive toallow the ineligible candidates.allow the ineligible candidates.d)It nullified the effect of R&P Rules.

e)Those persons also became eligible who had acquiredminimum qualifications on dates subsequent to the lastdate of submission of applications.minimum qualifications on dates subsequent to the lastdate of submission of applications.

f)The changes in R&P Rules could be made only by dueprocess of law.process of law.

12. The genesis of dispute can be traced from the following expression used in 2014 Rules:- “One year Diploma in Computer Science/Computer Application/InformationTechnologyfromarecognized”University/Institution.

Firstly, there appeared to be a confusion with respect to import ofexpression “recognized University/Institution” and secondly, in respectof diploma qualification having been held by the candidates underdifferent nomenclatures. The dispute arose when many candidatesapplied for JOA 447 claiming to have Diploma in the same subjects asprescribed in 2014 Rules but with different nomenclature and the otherdispute was raised in respect of authority which was to recognize theinstitutes issuing requisite Diploma. Another area of discord was createdby the candidates having higher qualification. As evident from the saidclause of 2014 Rules, no specific nomenclature of required diploma wasprescribed. It was mentioned only as diploma in computerscience/computer application/information technology, whereas more thanone type of curriculum could be said to have satisfied the requirement inthis behalf. As regards recognized university is concerned, there could not be any dispute regarding the authority having jurisdiction to recognize theuniversity, but it was totally unclear as to which was the authority whoserecognition was valid vis-a-vis the institution prescribed by 2014 Rules.

Arguments

13. Before adverting to the merits of ground or objections raised inCWPOA No.34 of 2019, it is relevant to notice that Original Applicationwas filed before the Tribunal after the process of appointments to the postof JOA (IT) (post code-447) was completed by respondents. Noticeably,neither the selection process undertaken by HPSSC for JOA 447 nor theselections made thereby are under challenge. It is also to be noticed thatthe decision of the State Government dated 21.08.2017 to allow candidatesfor selection other than the candidates having qualification strictly as perthe R&P Rules was ratified and confirmed by an ex-post facto sanctiongranted by the State Cabinet on 18[th] September, 2017 and such decision ofthe Government has also not been assailed. Simply, the prayer made in theoriginal application seeking directions to HPSSC to prepare merit list ofcandidates possessing essential and minimum qualification mentioned inthe advertisement No.3/2015 dated 13.02.2015 may not suffice in theabsence of the reliefs as noticed above

14. In the aforesaid backdrop, we now proceed to consider theobjections raised by petitioners in CWPOA 34 of 2019. A challenge hasbeen laid to the competence and power of the State Government to relaxR&P Rules and also to prescribe additional mode of selection. It has beencontended that change in R&P Rules could not be made by administrativeinstructions without adoption of due process as envisaged under law. The contention so raised by the petitioners deserves rejection, for the reasonsthat firstly the 2014 Rules, vide Clause 18 reserves power of relaxation infavour of State Government. The relevant Clause reads as under: - “18. Power to relax.- Where the State Govt. is of the opinionthat it is necessary or expedient to do so, it may, by order forreasons to be recorded in writing and in consultation with theHimachal Pradesh Public Service Commission, relax any ofthe provision(s) of these rules with respect to any class orcategory of person(s) of post(s).

By virtue of decision dated 21.08.2017 confirmed by State Cabinet on18.09.2017, it was decided that the category of persons sought to beselected required elaboration. This power to relax is vested in the StateGovernment, in case State Government finds it necessary or expedient todo so. The only prescription that appears to have been lacking in theinstant case is that the Himachal Pradesh Public Service Commission wasnot consulted before the aforesaid decision. The right of consultation withPublic Service Commission is prescribed by Article 320(3) of theConstitution, however, the Proviso to Article 320 empower the Governorof State to make Regulations specifying matters exempted from priorconsultation process of the Public Service Commission. In exercise of suchpowers “The Himachal Pradesh Public Service Commission (Exemptionfrom consultation) Regulations, 1973” have been framed. As perRegulation 3 thereof the exemption from consultation extends to servicesand posts specified in Schedule to such Regulations and clause 8(i) of theSchedule relates to selection and recommendation for making recruitmentto Class III posts, excepting certain categories which in any case does not include the post of JOA(IT). Thus the relaxation of 2014 Rules undertakenby the State Government was within its competence and powers.

15. Secondly, it is evident from the facts detailed hereinabove that theprescriptions of requisite qualification be it in 2014 Rules or in theadvertisement could not be said to be unambiguous. The subjects ofComputer Science or Information Technology cannot be restricted only tothe nomenclature used in R&P Rules/advertisement. Both these subjectscarry within them more than one type of curriculum. Thus, in the absenceof any clarity as to the kind of curriculum required as pre-condition foreligibility, the decision of the State Government dated 21.08.2017 readwith cabinet decision dated 18.09.2017 cannot be faulted. In addition,there was also no clarity as to the authority whose recognition was valid,vis-a-vis, the institutions competent to award requisite Diploma. Therepeated correspondence inter-se the HPSSC and the State Government isevidences this fact. Further, the material discussed by the equivalencecommittee appointed by the State Government also warrants the sameconclusion. Support can be drawn from the fact that common R&P Rulesfor the post of JOA (IT) have been amended by the State Government in2020 (for short, “2020 Rules”), the relevant extract thereof reads as under:

“(a) ESSENTIAL QUALIFICATION(S):(i) Should have passed 10+2 from a recognizedBoard of School Education/University.ORMatriculation from recognized Board of SchoolEducationwithone/twoyear'sDiploma/Certificate from an Industrial TrainingInstitute (ITI) in Information TechnologyEnabled Sectors (ITES) as notified by DirectorGeneral of Employment & Training (Govt. ofIndia) from time to time or three years Diplomain Computer Engineering/Computer Science/IT

from Polytechnic as approved by All IndiaCouncil for Technical Education (AICTE);”Record reveals that one of the considerations for amendment of these Rules was the imprecise provision as to the exact kind of diploma requiredand also the authority which was empowered to authorise the institutionsto award the requisite diploma. The 2020 Rules now appears to haveclearly prescribed the institutes whose diploma will be valid as also thenomenclature of the diploma as will be relevant for considering theselection and appointment to the post of JOA (IT).

16. Thirdly, it cannot be ignored that multifarious litigations haderupted as a result of the ambiguous 2014 Rules and the posts of JOA (IT)involved therein were required to be filled on urgent basis. The number ofposts advertised as well as their usefulness in almost all the departments ofthe Government underlined the importance and urgency involved.Apparently, Class-III, Non-Gazetted posts of JOA (IT) became necessityin all the departments as a result of advent of computerization andinformation technology. In order to cope with the requirements ofpersonnel having basic knowledge in computer, these posts were created.The records further reveal that even after the selection process undertakenfor JOA 447, hundreds of more posts of JOA (IT) came to be advertisedlater through advertisement for post codes 556 and 817.

17. Fourthly, the exercise to constitute equivalence committee wasunder taken in pursuance to the judicial order passed by the Tribunal on30.6.2017. This order was never assailed by anyone including thepetitioners in the instant petition. This being so, the deviation made by the State Government from R&P Rules in the aforesaid manner cannot befaulted.

18. Last but not the least, there is nothing on record from which it canbe inferred that the impugned action of the State Government/HPSSC hadsome extraneous motive or was not bonafide. The contention of thepetitioners that the entire exercise of respondents was with oblique motiveto allow ineligible candidate is to be ignored without any tangible materialon record in support or substantiation thereto.

19. The contention raised by the petitioners that by the aforesaid actionof the respondents, those persons also became eligible who had acquiredthe eligibility after the cutoff date prescribed in the advertisement is alsorequired to be rejected for the reason that the petitioners have miserablyfailed to provide details in respect of such category of persons. In absenceof such details no relief can be granted to the petitioners particularly in theview of the nature of dispute that involves more than one categories ofcandidates. The contention of petitioners, if was to be upheld, would haverequired such category of persons to be identified separately. Evenotherwise there is no trite law that the employer cannot change theprescription during continuation of selection process. This can be said withmore certainty in the given facts and circumstances of the case where therewas urgency and the time taken to amend ambiguous Rules would havecaused prejudice to the employer.

recruitment/selection process cannot be made subject matter of judicialreview merely on the ground that the employer has changed/ amended therule(s) after initiation of the process. Reference in this regard can beplaced on judgment passed by Hon’ble Supreme Court in MaharashtraPublic Service Commission Through Its Secretary; Ashok TukaramBarde Vs. Sandeep Shriram Warade and Others; Suhas SudhakarraoLavhekar and Others Etc. Etc., (2019) 6 SCC 362, wherein it has heldas under:

[9] The essential qualifications for appointment to a post are forthe employer to decide. The employer may prescribe additional ordesirable qualifications, including any grant of preference. It is theemployer who is best suited to decide the requirements a candidatemust possess according to the needs of the employer and the natureof work. The court cannot lay down the conditions of eligibility,much less can it delve into the issue with regard to desirablequalifications being at par with the essential eligibility by aninterpretive re-writing of the advertisement. Questions ofequivalence will also fall outside the domain of judicial review. Ifthe language of the advertisement and the rules are clear, the Courtcannot sit in judgment over the same. If there is an ambiguity inthe advertisement or it is contrary to any rules or law the matterhas to go back to the appointing authority after appropriate orders,to proceed in accordance with law. In no case can the Court, in thegarb of judicial review, sit in the chair of the appointing authorityto decide what is best for the employer and interpret the conditionsof the advertisement contrary to the plain language of the same.To similar effect is exposition made by Hon’ble Supreme Court in Stateof Madhya Pradesh Vs. Raghuveer Singh Yadav, (1994) 6 SCC 151,which reads as under:

[5] It is not in dispute that Statutory Rules have been madeintroducing Degree in Science or Engineering or Diploma inTechnology as qualifications for recruitment to the posts ofInspector of Weights and Measures. It is settled law that the Statehas got power to prescribe qualifications for recruitment. Here is acase that pursuant to amended Rules, the government haswithdrawn the earlier notification and wants to proceed with therecruitment afresh. It is not a case of any accrued right. Thecandidates who had appeared for the examination and passed thewritten examination had only legitimate expectation to beconsidered of their claims according to the rules then in vogue. Theamended Rules have only prospective operation. The governmentis entitled to conduct selection in accordance with the changedrules and make final recruitment. Obviously, no candidate acquiredany vested right against the State. Therefore, the State is entitled towithdraw the notification by which it had previously notifiedrecruitment and to issue fresh notification in that regard on thebasis of the amended Rules.

21. Thus, the contentions raised by petitioners in CWPOA No. 34 of2019 are rejected and the process of selection and appointment alreadyconcluded by the respondents against Post Code 447 is upheld. In view ofthe declaration of selection process for Post Code 447 as legal and valid,the petitions i.e. CWPOA No. 2253, 2289, 2290, 2388, 2394 and 7681 of2020 have been rendered infructuous as the relief sought in all such petitions was to allow the persons other than those having qualificationsstrictly as per R & P Rules/advertisement in the selection process. 22.While the selection process for JOA 447 was still experiencing theturmoil of rival claims, as detailed above, HPSSC, undertook yet anotherprocess for selection of 1156 posts of JOA (IT) in pursuance toadvertisement No. 32-3/2016 dated 18.10.2016 (post code 556)(hereinafter referred to as JOA 556) for brevity, out of which 85 postswere to be filled on regular basis in Excise Department and the rest wereto be filled on contract basis. The Essential Minimum Qualification thistime also remained as per prescription of 2014 Rules. Again, the onlineapplications were submitted by all categories of candidates, as in the caseof JOA 447, and the already existing confusion aggravated. As noticedabove, the selection process for JOA 447 stood completed in September,2017 from perspective of respondents, notwithstanding, pending litigationfor rival claims. Faced again with dilemma, HPSSC once again soughtclarification from the State Government regarding criteria to be adoptedfor selection process against post code 556. In response, the StateGovernment vide letter dated 19.03.2018 directed HPSSC to implementthe clarification earlier issued vide communication dated 21.8.2017 in theon-going process against post code 556 also. Contents of letter dated19.3.2018 read as under:

“I am directed to refer to your letters No. HPSSC-C92)970/16 dated01.01.2018 & 16-02-2018 on the subject cited above and to say that since theposts of Junior Office Assistant (IT), Class-III (Non-Gazetted) have beenadvertised under different post codes i.e. Post Code 447 and 556 but are to befilled up under one set of common Recruitment and Promotion Rules for thepost and as such carry one or similar cadre. It has been decided that theclarification dated 21-08-2017, issue by this department on the directions ofHon’ble Himachal Pradesh Administrative Tribunal in respect of post code01.01.2018 & 16-02-2018 on the subject cited above and to say that since theposts of Junior Office Assistant (IT), Class-III (Non-Gazetted) have beenadvertised under different post codes i.e. Post Code 447 and 556 but are to befilled up under one set of common Recruitment and Promotion Rules for thepost and as such carry one or similar cadre. It has been decided that theclarification dated 21-08-2017, issue by this department on the directions ofHon’ble Himachal Pradesh Administrative Tribunal in respect of post code 447, be also implemented in the on going process under post code 556, beingrecruitment for the same post with similar provisions of rules. However, theclarification/instructions dated 21-08-2017 are under challenge before theHon’ble Court, as such, its implementation will be subject to final outcome ofHon’ble Court orders so passed in case of post code 447 in the pendingmatters.”

23. The aforesaid decision of State Government prepared another battle grounds for rival claimants. CWPOA No. 7585 of 2019 titledAkshay Sharma Vs State of H.P. and others is one such petition which hasbeen filed by the candidate claiming right of selection strictly as per 2014Rules. Whereas, petitions filed by candidates seeking benefit of decisiontaken by the State Government on 21.8.2017 for JOA 447 and madeapplicable to JOA 556 vide communication dated 19.3.2018 are CWPOA6985 of 2020, CWP No. 2329 of 2021, CWP No.2361 of 2021, CWP No.2420 of 2021, CWP No. 2421 of 2021, CWP No. 2422 of 2021, CWP No.2423 of 2021, CWP No. 2426 of 2021, CWP No. 3111 of 2021, CWP No.3112 of 2021, CWP No. 3116 of 2021, CWP No. 3133 of 2021, CWP No.3134 of 2021, CWP No. 3137 of 2021, CWP No. 3141 of 2021, CWP No.3142 of 2021, CWP No. 3144 of 2021, CWP No. 3148 of 2021, CWP No.3151 of 2021, CWP No. 3182 of 2021, CWP No. 3184 of 2021, CWP No.3887 of 2021, CWP No. 3888 of 2021, CWP No. 3891 of 2021, CWP No.3892 of 2021, CWP No. 3893 of 2021, CWP No. 4032 of 2021, CWPNo.4033 of 2021, CWP No. 4349 of 2021, CWP No.4387 of 2021, CWPNo. 4503 of 2021, CWP No. 4621 of 2021, CWP No. 4903 of 2021, CWPNo. 5078 of 2021, CWP No. 5129 of 2021, CWP No. 5141 of 2021, CWPNo. 5142 of 2021, CWP No. 5148 of 2021, CWP No. 5175 of 2021, CWPNo. 5189 of 2021, CWP No. 5193 of 2021, CWP No. 5673 of 2021, CWP

No. 5674 of 2021, CWP No. 5760 of 2021, CWP No. 5761 of 2021, CWPNo. 6465 of 2021, CWP No. 6467 of 2021, CWP No. 6410 of 2021, CWPNo.6557 of 2021, CWP No. 7179 of 2021, CWP No. 7203 of 2021, CWPNo. 7209 of 2021, CWP No. 7213 of 2021, CWP No. 7234 of 2021 andCWP No. 7743 of 2021.

In addition to above, a number of petitions, filed by candidates who hadsought benefit of relaxation granted by Government, were allowed bylearned Single Judge of this Court on different dates as detailed hereafterand the judgments passed by learned Single Judge have been assailed inLetter Patent Appeals before this Court which are being decided in thebunch of instant matters. The details of such cases in tabulated form are as under:

24. Despite communication dated 19.3.2918 from State Governmentto the HPSSC, the selections for JOA 556 were ultimately made strictly inaccordance with 2014 Rules. Noticeable, a sequence of events took placeafter publication of JOA 556 Advertisement which ostensibly made theHPSSC to ignore directions of Government. A glance at such events shallbe material to understand the background.

24.1. An Original Application No. 2644 of 2018 (CWPOA 7585 of2019) titled Akshay Sharma Vs State of Himachal Pradesh and others waspreferred before the Tribunal laying challenge to the communication dated9.3.2018 of the State Government. On 16.8.2018 the Tribunal passedinterim order in OA 2644 of 2018 in following terms:

“In the facts and circumstances, materials on record and interest ofjustice, subject to keeping fifteen posts of Junior Office Assistantvacant post for the applicants and final outcome of the originalapplications, respondent No.3-Commission shall be free to declarethe result of the process for recruitment to the post of Junior OfficeAssistants.”

The order dated 16.8.2018 was assailed before this Court in CWP1964/2018, which was disposed of in following terms vide order dated28.8.2018:

“In this background, we clarify that the appointments to the posts ofJunior Office Assistant (Code 556) shall be strictly in accordancewith the Common Recruitment & Promotion Rules for the posts ofJunior Office Assistant (Information Technology), Class-III (Non-gazetted) in various Departments of Himachal Pradesh Government,as also Advertisement No. 32-3/2016 and not in terms ofcommunication, dated 19[th] March, 2018.”Thus, the respondents were directed to make recruitments for JOA 556

strictly as per R&P Rules.

24.2A review of judgment dated 28.8.2018 of this Court in CWP1964/2018 was sought by those candidates who supported thecommunication dated 9.3.2018 of the State Government. Review Petition82 of 2018 was decided in following terms on 5.11.2018:

“5. Be that as it may, as the matter is sub-judice before the learnedTribunal and the Committee which has submitted its report on21.08.2017, has been so constituted by the learned Tribunal, itsrecommendations, can be looked into by the learned Tribunaluninfluenced by any observations made by this Court in theperspective of the Common Recruitment & Promotion Rues, in thebackdrop of the controversy involved in the application before it.”

The effect of judgment dated 16.8.2018 in CWP 1964/2018 was dilutedand the matters were left open to be decided by the Tribunal.24.3Another Original Application No. 7397 of 2018 titled NareshKumar and others came up for hearing before the Tribunal on the groundthat candidates with higher qualification could not be considered forselection as settled by Supreme Court in Zahoor Ahmed Rather VsSheikh Imtiaz Ahmed [ (2019) 2 SCC 404 ] and an order dated21.12.2018 came to be passed by the Tribunal directing HPSSC to makeselections against post code 556 strictly as per Common R&P Rules andalso in consonance with decision of Supreme Court in Zahoor AhmedRather (Supra). This order became subject matter of challenge in CWP161 of 2019 titled Bhupinder Sharma Vs State of H.P. and others beforethis Court. An interim order dated 11.1.2019 was passed in CWP 161 of2019 to the following effect:

“Meanwhile, the operation of impugned order dated 21.12.2018(Annexure P-7), passed by Himachal Pradesh AdministrativeTribunal, in O.A. No. 7397 of 2018, shall remain stayed. However,the Staff Selection Commission shall only allow the eligiblecandidates to participate in the process.(Annexure P-7), passed by Himachal Pradesh AdministrativeTribunal, in O.A. No. 7397 of 2018, shall remain stayed. However,the Staff Selection Commission shall only allow the eligiblecandidates to participate in the process.

24.4. On 23.2.2019 HPSSC declared result of post code 556. Total 596candidates were selected taking into consideration the R&P Rules andremaining 2400 candidates were rejected. Aggrieved against their ousterfrom selection process, many rejected candidates approached The Tribunal.On 26.2.2019 the Tribunal directed status quo to be maintained withregard to issue of appointment letters in pursuance to declaration of resultof post code 556 by HPSSC in OA No. 677/2019 (CWPOA 20 of 2019).Aggrieved against order dated 26.2.2019 passed by the Tribunal a groupof selected candidates approached this Court by filing CWP 629 of 2019.24.5.Certain candidates whose applications were rejected by the HPSSCon the ground that they had not acquired the technical qualification from arecognised institute filed application in CWP 161/2019 as interveners. On21.5.2019 Division Bench of this Court passed an interim order in CWP161/2019 in following terms:

“In some of the matters, which have been adjourned for 17.6.2019,learned Advocate General has sought time for constitution ofcommittee to examine equivalence of academic/technicalqualification. Let the said committee comprising of 3 to 5 experts beconstituted within two weeks, which will examine all the issuesregarding recognition and genuineness of the qualifications, whichare claimed to be equivalent or higher than those prescribed underthe Recruitment and Promotion Rules. The question whetherequivalent qualification will be eligible for the advertised post iskept open to be decided at the appropriate stage. Meanwhile, itshall be discretion of the State Government to offer appointment tothe selected candidates strictly in order of merit on contract basis(and not against regular posts) provided such candidates arepossessing qualification strictly as per R&P Rules. These appointments will be a stop gap arrangement and subject tooutcome of these writ petitions”

24.6. The committee appointed by the Government vide proceedings dated 15.6.2019 considered three issues and made its recommendations in following terms:

(i) Equivalence of the academic/ technical qualifications prescribedunder the Recruitment and Promotion Rules for the post of Junior OfficeAssistant (IT)

Recommendation

Thus, keeping in view the facts and circumstances narrated as above thecommittee unanimously concluded that no equivalent qualification can beconsidered/ recommended in the absence of specific clause to this effect inthe R&P Rules.

(ii) Recognition of the institutions imparting trainings and runningcourses in computer/ IT related subjects; Recommendation Thus, keeping above in view, the committee agreed that only qualificationobtained from recognised institute be considered for recruitment forJOA(IT) and ZONE OF CONSIDERATION/ selection cannot be expandedafter start of selection process.

(iii) Higher qualification vis-à-vis the minimum essential qualificationsprescribed under the Recruitment and Promotion Rules for the post.

Recommendation

Hence, the committee was in consensus that the candidates with higherqualification cannot be considered for appointment to the post of JOA(IT)under the existing R&P Rules.

24.7. A division bench of this Court decided CWP 161/2019 and 629/2019 by a common judgment dated 29.08.2019. So far as the claim of thecandidates with higher qualifications is concerned, the same was declined

on merits, however, the claim of candidates having qualified frominstitutes not considered recognized by State/ HPSSC was left open. TheHPSSC while declaring the result of post Code 556 had declared onlythose candidates successful who fulfilled the prescribed essentialqualifications as per R&P Rules. On 17.09.219, HPSSC declared therevised result. Thus, in pursuance to the selection process for post Code556 only those candidates were selected who strictly held thequalifications as per Advertisement and R&P Rules.

25. On 20.08.2019, amendment was proposed in 2014 Rules. Thecandidates holding the equivalent qualifications for post Code 556approached this Court by way of CWP No. 2246 of 2019, in which interimdirection was issued vide order dated 11.09.2019 in the following terms: - “In the interim, the appointments, if any, of the selected candidate(s)against the post of J.O.A(IT) post code-556, shall be subject to theorder to be passed in the application on the next date of hearingafter taking on record the version of the respondents.”

26. On 06.12.2019, the State Government directed the HPSSC to treatthe recruitment process for post Code 556 concluded with directions to re-advertise/filled the unfilled and new posts after Notifications/Publicationof new common R&P Rules, which were said to be under activeconsideration of the Department of Personnel. The writ petitions werefiled with the reliefs identical to CWP No. 2246/2019. On 15.10.2020, aDivision Bench of this Court in a bunch of matters lead case being CWPNo. 2246 of 2019, again reiterated that the selections made pursuant to theNotification in issue would remain subject to outcome of these petitions.

The R&P Rules were finally amended and fresh Advertisement for thepost of JOA(IT) was issued against post Code 817 on 21.09.2020. On15.10.2020 in bunch matters referred to hereinabove, the following orderwas passed by this Court:- “Pursuant to Advertisement No.36-2/2020, dated 21.09.2020, issued byrespondent-HPSSC, to the posts of Junior Office Assistant (IT), therespondent-H.P. Staff Selection Commission, Hamirpur, is permitted toproceed with the recruitment process, however, the final result shall notbe announced without permission of this Court. Application standsdisposed of.”

27. The HPSSC declared the result of Written Objective TypeScreening Test against post Code 817 and provisionally shortlisted total19024 candidates for typing skilled test.

28. Thus, three successive Advertisements were issued by the HPSSCfor recruitment to the post of JOA(IT) but as the irony would have been,none of the selection processes have attained finality. There is challengeto the final selection made in post Code 447 by those who held thequalifications strictly in terms of R&P Rules. Challenge to selectionprocess for post Code 447 is also there by the candidates who claimedequivalent qualifications as per R&P Rules but remained unsuccessful.The selection process against post Code 556 had also been challenged bythose who either held higher or equivalent qualifications or qualificationsfrom institutes considered not recgnised. As regards the persons withhigher qualifications probably their fate stands sealed by the judgmentpassed by a Division Bench of this Court in CWP No. 161 of 2019, but allother challenges were still alive.

29. As regards the selection process for JOA 447, we already haveheld the decision of State Government dated 21.8.2017 and 18.9.2017 asalso the selections/appointments made in pursuance thereto as legal andvalid. Now the next question which remains to be decided relates to theselection process undertaken by the HPSSC for JOA 556 and the conductof respondents-State in respect thereof. As noticed above, theadvertisement for the Post Code 556 for 1156 posts was issued by theHPSSC on 18.10.2016. Total 85 posts out of advertised posts were to befilled on regular basis and rest on contract basis. The prescribed minimumessential qualification was again as per R & P Rules and, therefore, in thesame language as in the case of Post Code 447. Despite thecommunication of the State Government to HPSSC dated 19.3.2018 toadopt the same procedure in selection process as was adopted in selectionprocess of Post Code 447 in pursuance to the Government decision dated21.8.2017 read with 8.9.2017, the selections and appointments were madeby applying the 2014 Rules strictly. Thus, the allowance given tocandidates in selection process of Post Code 447 was withdrawn inselection process of Post Code 556. The reason, as appears from therecord, was various interim orders passed by Tribunal/Courts from time totime and also the constitution of another Equivalence Committee by theState Government, which had recommended to apply the 2014 Rulesstrictly without deviation. Noticeably, out of 1156 advertised posts only596 candidates were declared qualified, selected and appointed.

30. Evidently, the reason for constitution of another equivalencecommittee was an interim order passed on 21.5.2019 by a Division Benchof this Court in CWP No. 161 of 2019. The second EquivalenceCommittee had given its recommendations on 15.6.2019.

31. The question that arises for determination is whether theapplication of different set of rules contemporaneously for the same postby the respondents is justified? The only defence the respondents arerelying is an interim order passed by Division Bench of this Court on21.5.2019 in CWP No. 161 of 2019 and the consequent constitution ofsecond equivalence committee. The perusal of aforesaid order, however,reveals that there was no direction from this Court as such for appointmentof equivalence committee. It was specifically noticed that the learnedAdvocate General had sought time for constitution of Committee toexamine equivalence of academic/technical qualification. It was in thiscontext that this Court ordered for appointment of an equivalencecommittee required to examine all issues regarding recognition andgenuineness of the qualifications which were claimed to be equivalent orhigher than those prescribed under the R & P Rules. It is worth noticingthat vide same order the question whether equivalent qualification will beeligible for the advertised post was kept open to be decided at theappropriate stage. In this view of the matter, the respondents cannot beallowed to take shelter of aforesaid order dated 21.5.2019 passed in CWPNo. 161 of 2019 and especially when even while disposing of the said writ petition finally this Court had left the question of equivalence andrecognition institutes open.

32. There is nothing on record to suggest that the State Governmenthaving once issued communication dated 19.3.2018 had ever issued anycorrespondence subsequently to withdraw the directions issued to HPSSC.In absence of such an exercise, it is not understandable as to on what basisthe HPSSC declared the result by considering the qualifications strictly asper the R & P Rules. Probably, this had resulted in view of interim orderspassed in different applications/petitions filed before the Tribunals/Courts.Be that as it may be, the question as posed above is still alive. The merefact that second equivalence committee was constituted and it hadrecommended to apply the 2014 Rules strictly cannot be held sufficientreason for the respondents to ignore their earlier decision dated 21.8.2017made applicable to Post Code 556 vide communication dated 19.3.2018.Indisputably, these decisions were neither withdrawn nor nullified by anysubsequent act of the State Government. Once the State Government hadexercised its power to relax the R & P Rules, there had to be a consciousdecision again of the State Government to revert back to the originalposition, which is clearly missing in the instant case. There is nothing onrecord to suggest that the recommendations made by second equivalencecommittee were even considered by the Government/ employer much lessaccepted at any stage. That being so, the recommendations of secondequivalence committee cannot by themselves have the effect of nullifyingthe decision dated 21.8.2017/9.3.2017 made applicable to Post Code 556

vide communication dated 19.3.2018. Thus, the denial of the right to allpersons similarly situated to those, who were considered for selection inPost Code 447 from outside the purview of 2014 Rules is clearly arbitraryand needs to be interfered with.

33. Thus, the HPSSC is directed to re-cast the merit list for JOA 556by including all categories of candidate as was done for JOA 447 on thebasis of decision of Government dated 21.8.2017/18.9.2017 and furthermade applicable to JOA 556 vide communication 19.3.2018 except thecandidates with higher qualification, who have already been held ineligiblevide judgment dated 29.8.2019 of a Division Bench of this Court in CWP161/2019. These selections for JOA 556 shall be made by taking intoaccount the entire number of vacancies advertised for JOA 556 and thedecision of the Government/HPSSC to close the selection procedure forJOA 556 is set aside and quashed.

34. Since the Common R&P Rules stand amended by 2020 Rules andthe cause of persistent confusion for the time being appears to have beenremoved, as a necessary consequence selection for JOA 817 shall takeplace in accordance with 2020 Rules, however, the selection process shallnot include the selection for posts which were left over from advertisedposts of JOA 556 as the said posts have already been directed to be filledthrough selection process of JOA 556.

35. In view of above discussion and directions, all the petitionsconsidered herein are decided accordingly:

(a) CWPOA 34 of 2019 is dismissed. CWPOAs 2253, 2289, 2290,2388, 2394 and 7681 of 2020 have been rendered infructuous.2388, 2394 and 7681 of 2020 have been rendered infructuous.

(b) CWPOA No. 7585 of 2019 titled Akshay Sharma Vs State of H.P.and others is dismissed and others is dismissed

(c) CWPOA 6985 of 2020, CWP No. 2329 of 2021, CWP No.2361 of2021, CWP No. 2420 of 2021, CWP No. 2421 of 2021, CWP No.2422 of 2021, CWP No. 2423 of 2021, CWP No. 2426 of 2021,CWP No. 3111 of 2021, CWP No. 3112 of 2021, CWP No. 3116of 2021, CWP No. 3133 of 2021, CWP No. 3134 of 2021, CWPNo. 3137 of 2021, CWP No. 3141 of 2021, CWP No. 3142 of2021, CWP No. 3144 of 2021, CWP No. 3148 of 2021, CWP No.3151 of 2021, CWP No. 3182 of 2021, CWP No. 3184 of 2021,CWP No. 3887 of 2021, CWP No. 3888 of 2021, CWP No. 3891of 2021, CWP No. 3892 of 2021, CWP No. 3893 of 2021, CWPNo. 4032 of 2021, CWP No.4033 of 2021, CWP No. 4349 of 2021,CWP No.4387 of 2021, CWP No. 4503 of 2021, CWP No. 4621 of2021, CWP No. 4903 of 2021, CWP No. 5078 of 2021, CWP No.5129 of 2021, CWP No. 5141 of 2021, CWP No. 5142 of 2021,CWP No. 5148 of 2021, CWP No. 5175 of 2021, CWP No. 5189of 2021, CWP No. 5193 of 2021, CWP No. 5673 of 2021, CWPNo. 5674 of 2021, CWP No. 5760 of 2021, CWP No. 5761 of2021, CWP No. 6465 of 2021, CWP No. 6467 of 2021, CWP No.6410 of 2021, CWP No.6557 of 2021, CWP No. 7179 of 2021,CWP No. 7203 of 2021, CWP No. 7209 of 2021, CWP No. 7213

of 2021, CWP No. 7234 of 2021 and CWP No. 7743 of 2021 areallowed.

(d) LPAs 41/2021, 42/2021, 43/2021, 62/2021, 63/2021, 64/2021,70/2021, 71/2021, 117/2021 to 126/2021 filed by HPSSC or/andthe State Government are dismissed. The judgments passed bylearned Single Judge are upheld subject to modification thatdirections issued in said judgments shall be read in consonancewith the directions issued hereinabove by this Court. No orders asto costs. Misc. applications, if any, shall also stand disposed of.

(Tarlok Singh Chauhan)

Judge

December 31, 2021 (naveen)

(Satyen Vaidya) Judge