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Himachal Pradesh High Court

Jiwan Singh vs . State Of Himachal Pradesh And Others on 2 June, 2023

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

Jiwan Singh vs. State of Himachal Pradesh and others CWP No. 3434 of 2023 .

02.06.2023 Present: M/s Dalip K. Sharma and Balvinder Singh, Advocates for the petitioner.

Mr. Anup Rattan, Advocate General with M/s Rakesh Dhaulta, Varun Chandel and Pranay Pratap Singh, Additional Advocate Generals and Gautam Sood, Arsh Rattan and Sidharth Jalta, Deputy Advocate Generals for respondents No. 1 to 4/State.

CWP No. 3434 of 2023 & CMP No. 6805 of 2023 Notice. Mr. Gautam Sood, learned Deputy Advocate General, accepts notice on behalf of respondents No. 1 to 4.

Having regard to the law declared by Hon'ble Supreme Court of India in Dolly Chanda vs. Chairman, JEE and others (2005) 9 SCC 77 and Charles K. Skaria and others vs. Dr. C. Methew and others, 1980 SCC 752, wherein it has been held that it is only necessary for a candidate, applying for a post, to possess the essential qualifications by the cut-of-date and that the other additional qualifications/certificates, for claiming some preferences like reservation, disability certificate etc., can be produced even after the cut-of-date, prima facie, the order passed by the 2nd respondent, cancelling the appointment of 6th respondent and directing fresh process to be undertaken for appointment of Part Time Multi Task Worker (PTMTW) in Government Middle School, Shigarcha, District Kinnaur, H.P., appears to be not ::: Downloaded on - 02/06/2023 20:32:19 :::CIS -2- correct. Therefore, the respondents are directed not to take .

any steps for filling up the said post until further orders.

(M.S. Ramachandra Rao) Chief Justice (Ajay Mohan Goel) Judge June 02, 2023 (narender/rishi) ::: Downloaded on - 02/06/2023 20:32:19 :::CIS