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Himachal Pradesh High Court

Giri Raj Sharma vs State Of H.P. & Another on 9 April, 2018

Bench: Sanjay Karol, Ajay Mohan Goel

HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

LPA No.673/2011

.

                                         Date of decision: April 09, 2018





    Giri Raj Sharma                                              .....Appellant

                                         Versus





    State of H.P. & Another                                                ....Respondents

    Coram:

The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice.

The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.

Whether approved for reporting?1 No For the appellant : Mr Jagdish Thakur, Advocate For the respondents : Mr. Ashok Sharma, A.G. with Mr. Adarsh Sharma, Addl. A.G. for respondent No.1 Mr. Deven Khanna, Advocate for respondent No.2 Sanjay Karol, Acting Chief Justice. (Oral) We are fully appreciative of the submissions made by Mr. Jagdish Thakur, learned counsel for the appellant, with regard to legislative powers and competence of the State in prescribing the criteria of domicile for filling-up the post, which otherwise is meant to be filled-up by a candidate belonging to an Ex-servicemen category, which in terms of impugned judgment, learned Single Judge has repelled such contentions, yet considering the fact that the appellant is already 62 years of age, we now find the discussion to be purely academic in nature.

1

Whether the reporters of Local Papers may be allowed to see the judgment?

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2. As such, while fully appreciating the efforts put in by Mr. Jagdish Thakur, learned counsel for the appellant, we leave the question of law .

open to be considered in an appropriate proceedings and close the present appeal.

3. Findings on a question of law rendered by the learned Single Judge in CWP-T No.2168 of 2008 titled as Giri Raj Sharma vs. State of H.P. and another are left open.

The appeal stands disposed of accordingly.


                                                     (Sanjay Karol),

                                                    Acting Chief Justice



    9th April, 2018                                  (Ajay Mohan Goel),


    (rana/narender)                                       Judge.







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