Himachal Pradesh High Court
Raman Verma S/O Sh. Hem vs State Of H.P on 30 August, 2022
Bench: Tarlok Singh Chauhan, Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 30th DAY OF AUGUST, 2022
.
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
&
HON'BLE MR. JUSTICE VIRENDER SINGH
CIVIL WRIT PETITION NO. 3777 OF 2022
Between:-
RAMAN VERMA S/O SH. HEM
CHAND, RESIDENT OF VILLAGE
BHALECH, P.O. SARION, DISTRICT
SHIMLA, H.P.
r ...PETITIONER
(SH. VISHAL MOHAN, SH.
SUSHANT KAPRATE AND SH.
RAJEEV KUMAR, ADVOCATES)
AND
HIMACHAL PRADESH STAFF
SELECTION COMMISSION,
HAMIRPUR, THROUGH ITS
SECRETARY.
...RESPONDENT
(MS. SUCHITRA SEN, ADVOCATE)
RESERVED ON: 25.08.2022
This Petition coming on for orders this day, the Hon'ble Mr.
Justice Tarlok Singh Chauhan, passed the following:-
ORDER
The respondent published a notification/ advertisement dated 19.12.2020 for the post of Statistical Assistants in the Women and Child Development Department.
::: Downloaded on - 30/08/2022 20:04:50 :::CIS 2The petitioner applied for the same and vide notification dated 27.12.2021 whereby the final result was declared, he was placed .
at serial No. 1 of waiting list having scored 62.86 marks.
2. On 19.05.2022, the petitioner sent an e-mail to the respondent-Commission requesting it to recommend his name for the post of Statistical Assistant from the waiting panel as there was vacancy in the Land Records Department, which was the advertisement having similar Recruitment and Promotions Rules as are of the Women and Child Development Department by virtue of para-viii of dated 19.11.2020. However, the respondent-Commission without considering the request of the petitioner, issued advertisement on 24.05.2022 inviting fresh applications for the post of Statistical Assistants in the Land Records Department.
3. The petitioner again sent a communication dated 28.05.2022, requesting the respondent to recommend his name for the post in question but the same was not replied, constraining him to file the instant petition for the grant of following substantive reliefs:-
(i) That this Hon'ble Court may be pleased to issue a writ in the nature of certiorari directing the respondent to consider the candidature of the petitioner for appointment to the post of Statistical Assistant in the department of Land Records being in the waiting panel pursuant to the result declared by the respondent on 27.12.2021 for ::: Downloaded on - 30/08/2022 20:04:50 :::CIS 3 selection to the post of Statistical Assistant, whereby candidature of the petitioner figures in the waiting panel .
at Sr. No. 1.
(ii) That this Hon'ble Court may be directed to quash the subsequent advertisement issued dated 24.05.2022 for the post of Statistical Assistant, Post code-990 and direct the respondents to recommend the candidate for selection from the waiting list.
4. The respondent-Commission has contested the petition by filing reply wherein in preliminary submission it has been averred that the petitioner has no claim to enforce in terms of the judgment passed by this Court in CWP No. 3554 of 2019, titled as Dharmender Kumar vs. State of H.P., wherein it has been held that a waiting list prepared in an examination conducted by the Commission does not furnish a source of recruitment. It is operative only for the contingency that is any of the selected candidate does not join then the person from the waiting list may be pushed up and be appointed in the vacancies so caused.
5. On merit, it has been submitted that the requisition has now been received from the office of the Director, Land Records for filling up 02 posts (General (UR)-01) and (SC (UR)-01) of Statistical Assistants and the same was advertised vide advertisement dated 24.05.2022 under post Code 990.
::: Downloaded on - 30/08/2022 20:04:50 :::CIS 46. It has further been contended that this requisition has not been dealt under sub-Rule 16.8 of the Rules of Business .
& Procedure of the Commission as no post of SC (UR) category was advertised under earlier post code - 866 by the Commission and the break-up of the posts as received from the employer department cannot be broken by the Commission.
We have heard learned counsel for the parties and have gone through the records of the case.
7. A perusal of the advertisement dated 19.11.2020 (Annexure P-1) reveals that it contains various notes and it is primarily note -8, which is relevant for our purpose and the same reads as under:-
viii. The recommendations of the Commission will be valid till the appointments are offered to the candidates by the Appointing Authority or for a period of one year from the date of recommendations whichever is earlier. Further, the recommendations shall be made by the Commission from the existing panel as and when the requisitions in respect of the additional vacancies are received from different departments for similar posts with similar/common Recruitment and Promotion Rules till the waiting panel in operation is exhausted or six months, whichever is earlier."
8. It is not in dispute that there are Common Direct Recruitment and Promotion Rules for the post of Statistical Assistant Class-III (Non-Gazetted) Ministerial Services in various ::: Downloaded on - 30/08/2022 20:04:50 :::CIS 5 Departments of the Government of Himachal Pradesh as is evident from notification dated 20.08.2011 (Annexure P-3).
.
9. It is further not in dispute that in identical eventuality where common rules for the post in question and a fresh advertisement is issued by another department in which the post was sought to be filled in, the respondent-Commission itself has made recommendations, as has been annexed by the petitioner with the petition at different times at pages 86 to 92, therefore, in such circumstances, it is too late in the day for the respondent-Commission to oppose the claim of the petitioner, that too, for the reasons as stated above. The action of the respondent is clearly in violation of note-viii of the earlier Advertisement No. 36-4/2020, dated 19.11.2020 (Annexure P-1)
10. Apart from the above, we have our serious doubts as to whether the respondent could have refused to fill up the vacancies when the only role assigned to it as per its constitution under which it is constituted is only to comply with the requisition sent by the department. Nothing less and nothing more.
11. What difficulty may emerge or what consequences will follow is not the concern of the Commission so as to stall the selection and the same has to be considered only by the requisitioning department of the government. Even for bonafide ::: Downloaded on - 30/08/2022 20:04:50 :::CIS 6 reason, the Commission cannot refuse to fill up the post, for which the requisition has been sent by the various department(s) .
and can best seek a clarification but in no event can it refuse to fill up the post that too when it is as per law.
12. In view of the aforesaid discussion and for the reasons stated above, we find merit in this petition and the same is accordingly allowed and the respondents are directed to consider and, thereafter, recommend the candidature of the petitioner for appointment to the post of Statistical Assistant in the Department of Land Records. Consequently, the subsequent advertisement issued on 24.05.2022 for the post of Statistical Assistants, Post Code-990 is quashed and set aside.
The entire exercise be completed within six weeks.
13. The petition stands disposed of in the aforesaid terms, so also pending applications, if any.
For compliance to come up on 10.10.2022.
(Tarlok Singh Chauhan)
Judge
(Virender Singh)
30th August, 2022 Judge
(sanjeev)
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