Himachal Pradesh High Court
RP/322/2022 of STATE OF HP AND ORS Vs AMAN SHARMA on 30 December 2022
HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Review Petition No.322 of 2022 Decided on:30.12.2022 State of H.P and others …Petitioners Versus Aman Sharma ……Respondent _________________________________________________ Coram: Hon’ble Ms. Justice Sabina, Judge. Hon’ble
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Review Petition No.322 of 2022Decided on:30.12.2022
State of H.P and others
…Petitioners
Versus
Aman Sharma
……Respondent
_________________________________________________
Coram:
Hon’ble Ms. Justice Sabina, Judge. Hon’ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting? For the petitioner :
Mr. Ashwani K. Sharma, Additional Advocate General.
For the respondents :
Nemo
________________________________________________
Sabina, Judge (Oral).
Learned Additional Advocate General has submitted that Recruitment and Promotion Rules, vis-à-vis Recruitment of Constable have been amended vide Notification dated 5.8.2021 Annexure R-2/A in pursuance to instructions Annexure R-5/A. Learned Additional Advocate General has made reference to Clause 8, relating to eligibility, of the Notification Annexure R-2/A.
2. A perusal of Rule 8 shows that as per Clause 8(3), a candidate shall be eligible for recruitment to the post of Constable, if he/she has passed matriculation and 12[th] from any Institution/ School/Board situated within Himachal Pradesh. Proviso to the said Clause is to the effect that this condition shall not apply to Bonafide Himachalies. It is not the case of the review petitioner that respondent was not a bona fide himachali. Thus, the amendment in the Rules has no bearing on the decision of this case.
Accordingly, no ground for review of order dated 27[th]
July, 2022 is made out.
Dismissed.
( Sabina ) Judge
( Satyen Vaidya ) Judge
December 30, 2022
(pathania/ps)