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Himachal Pradesh High Court

Dr. Himani Parmar & Others vs Himachal Pradesh Public Service on 27 September, 2023

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                           .
                                                      CWP No.6855 of 2023





                                                      Decided on: 27.09.2023

    Dr. Himani Parmar & others                                         ....Petitioners.
               Versus





    Himachal Pradesh Public Service
    Commission                                                       .... Respondent.




                                                 of
    Coram
    Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
    Whether approved for reporting?1 No
    For the petitioners  rt:    Mr. Mohit Dogra, Advocate, vice
                                Mr. Kush Sharma, Advocate.

    For the Respondent                :      Mr. Vikrant Thakur, Advocate.

    Ajay Mohan Goel, Judge (Oral)

Notice. Mr. Vikrant Thakur, learned counsel, accepts notice on behalf of the respondent.

2. By way of this petition, the petitioner has prayed for the following reliefs:­ "A. That the impugned action of the Respondent Commission to shortlist the candidates for post of Ayurvedic Medical officer in contravention to the terms and conditions of Advertisement (Annexure P­2), vide impugned press note dated 05.08.2023 (Annexure P­4) may kindly be quashed and set­aside.

B. That the respondents may also be directed to evaluate the revised answer key (Annexure P­7) and pursuant thereto result of screening test for post of Ayurvedic Medical Officer may kindly be redone to assess the correct merit of the Petitioners and further 1 Whether reporters of the local papers may be allowed to see the judgment?

the wrong answer key (Annexure P­7) may kindly beheld to be of no legal consequence and be quashed .

and set aside and ration applied vide (Annexure P­5) be considered as final merit of personality test. Further, the respondent commission be directed to call the petitioners for personality test on the basis of ratio applied vide Annexure P­5 and thereafter to declare the result of petitioners in the personality test."

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3. The Court stands informed that a similar petition has been dismissed by Hon'ble Division Bench of this Court in terms of rt judgment dated 30.11.2022, passed in CWP No.8149 of 2022, titled as Ambika Sharma & others vs. State of Himachal Pradesh & another. This fact has not been disputed by learned counsel for the petitioners.

4. Learned counsel for the respondent has further submitted that another petition filed by the persons similarly situated as the petitioners herein was also dismissed by Hon'ble Coordinate Bench of this Court in terms of judgment dated 18.09.2023, passed in CWP No.5345 of 2023, titled as Dr.Geetanjali Sharma & others vs. Himachal Pradesh Public Service Commission and an appeal filed against the said judgment by one of the petitioners, namely, Dr. Asha Rani has been upheld by Hon'ble Division Bench of this Court vide judgment dated 26.09.2023, passed in LPA No.168 of 2023, titled as Asha vs. Himachal Pradesh Public Service Commission. This fact has also not been disputed by learned counsel for the petitioners.

5. In this view of the fact, that as the issue akin to the one raised in this petition has already been decided by this Court .

against the petitioners, this petition is also dismissed by holding that the reasoning which has been given in the aforesaid judgments shall mutatis mutandi apply to this petition also and all the directions issued in the said judgments shall be construed as of having been issued in this petition also. Pending miscellaneous applications, if any, also stand disposed of. Interim order, if any, stands vacated.

rt (Ajay Mohan Goel) Judge September 27, 2023 (Rishi) ::: Downloaded on - 28/09/2023 20:34:51 :::CIS