Himachal Pradesh High Court
Garima D/O Sh. Rakesh Chand vs State Of Hp Through Its on 21 September, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
.
ON THE 21st DAY OF SEPTEMBER, 2022
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
Between:-
r to
CIVIL WRIT PETITION No.6229 of 2022
GARIMA D/O SH. RAKESH CHAND,
ADDRESS VILL. BAJHERA, PO
JAROT, TEHSIL JAWALI, DISTT.
KANGRA, H.P. AGED ABOUT 23
YEARS.
....PETITIONER
(BY MR. YOGESH KUMAR CHANDEL,
ADVOCATE)
AND
1. STATE OF HP THROUGH ITS
PRINCIPAL SECRETARY (HEALTH)
TO THE GOVERNMENT OF HP,
SHIMLA-2, HP.
2. THE DIRECTOR, HEALTH
SERVICES TO STATE OF HP,
SHIMLA-9, HP.
....RESPONDENTS
(BY MR. AJAY VAIDYA, SENIOR
ADDITIONAL ADVOCATE GENERAL)
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This petition coming on for admission this day, Hon'ble
Ms. Justice Sabina, passed the following:
ORDER
.
Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following relief:-
"i). That the writ in the nature of mandamus may kindly be issued to the respondent department to consider the petitioner's candidature for selection/appointment to the MLT Grade-II batch wise post, on the basis of annexure P-9, in General-EWS category against the remaining vacant posts."
2. Learned counsel for the petitioner has submitted that the respondent-department had notified new R&P Rules for the post of Medical Laboratory Technician Grade-II. Requisition was sent to the concerned employment exchanges by the respondent-department to sponsor the names of eligible candidates to fill up 161 vacancies of Medical Laboratory Technician Grade-II, on batch wise basis. Name of the petitioner was also sponsored by the employment exchange.
However, the case of the petitioner has not been considered in General EWS category, but has been considered in General category. Petitioner belongs to EWS category as is evident from Annexure P-9. Petitioner had attached her certificate Annexure P-5, which was relevant for the financial year 2019-20. However, as per Annexure P-9, petitioner belongs to EWS category and the said ::: Downloaded on - 28/09/2022 20:01:31 :::CIS 3 certificate is relevant for the financial year 2020-21. At this stage, petitioner would be satisfied in case the respondents are directed to .
consider the case of the petitioner in General EWS category against the vacant post of Medical Laboratory Technician Grade-II, in the said category.
3. Accordingly, without adverting to the merits of the case, we deem it appropriate to dispose of the writ petition by directing the respondents to consider the case of the petitioner for the post of Medical Laboratory Technician Grade-II, in General EWS category, by taking in consideration her certificate Annexure P-9 expeditiously, in accordance with law, preferably within three weeks from the receipt of the copy of this order.
4. Pending miscellaneous application(s), if any, shall also stand disposed of.
(Sabina) Judge (Sushil Kukreja) Judge September 21, 2022(ps) ::: Downloaded on - 28/09/2022 20:01:31 :::CIS