Himachal Pradesh High Court
Decided On: 15Th December vs State Of H.P. And Another on 15 December, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
2025:HHC:43505
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.11698 of 2024
Decided on: 15th December, 2025
-------------------------------------------------------------------------------------
Surinder Sharma .....Petitioner
.
Versus
State of H.P. and another .....Respondents
-------------------------------------------------------------------------------------
Coram
of
Ms. Justice Jyotsna Rewal Dua
Whether approved for reporting? 1
For the Petitioner: rt Mr. Nitin Soni, Advocate.
For the Respondents: Mr. Vishwadeep Sharma, Additional
Advocate General, for respondent No.1.
Mr. Vishwajeet Singh, Advocate, for
respondent No.2.
------------------------------------------------------------------------------------
Jyotsna Rewal Dua, Judge
Petitioner participated in the selection process for the post of Junior Office Assistant (Information Technology) as a General (Unreserved) Category candidate and remained unsuccessful. He seeks a direction to the respondents to consider his candidature under the Economically Weaker Section Category and accordingly to select/appoint him against the said post.
1Whether reporters of print and electronic media may be allowed to see the order? Yes.
::: Downloaded on - 17/12/2025 20:31:34 :::CIS 22025:HHC:43505
2. Heard learned counsel for the parties and considered the case file.
3. Following facts are not in dispute:-
3(i). Respondent No.2 issued an advertisement on .
19.12.2018, inter alia, inviting online applications for 412 posts of Junior Office Assistant (Information Technology) [in short 'JOA(IT)'] against Post Code 727. The last date for submission of online recruitment applications was of 22.01.2019. Petitioner applied for the post as General (UR) Category candidate.
rt 3(ii). By way of 'The Constitution (103rd Amendment) Act, 2019', reservation for Economically Weaker Section (EWS) was introduced. Respondent-State issued a notification on 11.06.2019, extending the reservation for Economically Weaker Sections in Class-I, II, III and IV posts in direct recruitment. As a fall out, respondent No.2 withdrew the advertisement dated 19.12.2018 under notice dated 29.01.2019.
3(iii). Posts of JOA(IT) were again advertised by respondent No.2 against Post Code 817, vide advertisement issued on 21.09.2020. Due reservation was provided for EWS category candidates. The advertisement for Post Code 817, inter alia, contained a note that 'the candidates who ::: Downloaded on - 17/12/2025 20:31:34 :::CIS 3 2025:HHC:43505 had applied earlier against Advt. No.34-2/2018 dated 19.12.2018 under Post Code 727 and fulfil the eligibility criteria need not to apply again'. The advertisement also contained certain instructions for filling up online .
applications. Relevant thereof are extracted hereunder:-
"8. The candidate is allowed to submit only one application form against each post. Multiple application Forms for same post of a candidate are liable to be rejected.
15. The benefit of reservation under EWS can be availed upon production of an Income and Asset Certificate of issued by the Competent Authority i.e. DC/ADC/ADM/ SDO (Civil) of the area where the candidate and/or his family resides; and revenue officer not below the rank of Tehsildar. The validity of IRDP/BPL certificate is of rt six months from the date of its issuance. The candidate is required to furnish the valid certificate including the old certificate of the time of the filling the application in support of his/her claim."
In terms of instruction No.15, a candidate was required to furnish valid certificates including old certificate at the time of filing of application. Benefit of EWS could be availed upon production of Income and Asset Certificate issued by the Competent Authority. The candidate was required to furnish valid certificate including the old certificate at the time of filing the application in support of his claim. As per instruction No.8, a candidate could only fill one application form against each post. Further, as per Clause 13(i) of the advertisement, the date for determining the eligibility of candidate in form of essential ::: Downloaded on - 17/12/2025 20:31:34 :::CIS 4 2025:HHC:43505 qualifications, experience etc. was the closing date for submission of online recruitment applications, i.e. 14.11.2020 (extended date for applying).
3(iv). Petitioner did not submit fresh application for .
the post of JOA(IT), Post Code 817, advertised on 21.09.2020. Admittedly, he participated in the recruitment process as a General (UR) Category candidate as originally applied for by him. Respondent No.2 accordingly issued of him admit card as a General (UR) Category candidate.
Petitioner appeared in the written test as General (UR) rt Category candidate. Result of the written test was declared on 01.07.2021. Petitioner qualified the same as General (UR) Category candidate.
3(v). Respondent No.2 called the qualified candidates for verification of their documents on 22.08.2022. Petitioner also appeared for verification of his documents on the given date. At that stage, the petitioner produced two certificates reflecting him to be belonging to EWS category. The first one was issued on 17.08.2019 for the financial year 2018-19, statedly valid for the year 2019-20 and the second one was issued on 07.01.2022, verifying petitioner's income to be falling within the limit of EWS category for the financial year 2020-21. Alongwith these two certificates, ::: Downloaded on - 17/12/2025 20:31:34 :::CIS 5 2025:HHC:43505 petitioner preferred a representation to respondent No.2 on 22.08.2022 to the effect that he had applied previously under Post Code 727, when EWS category was not part of the same. The petitioner expressed his intention to switch .
over from General (UR) Category to EWS Category.
3(vi). Respondent No.2, however, carried out the selection process by treating the petitioner as a candidate under General (UR) Category. Result of the selection of process was declared on 14.08.2024. The cut-off marks for General (UR) Category were 55.46, whereas for EWS rt category, the cut-off marks were 49.43. The petitioner did not make it to the select list of General (UR) Category with 50.54 marks. Two months after declaration of result, petitioner instituted present writ petition seeking direction to the respondents to consider his candidature for the post of JOA(IT) under EWS category instead of General (UR) Category.
4. Consideration:-
4(i). Learned counsel for respondent No.2 during the course of his submissions, invited attention to a public notice issued by respondent No.2 on 14.09.2022, relevant portion whereof reads as under:-
"Keeping in view the genuine requests of the candidates Commission had accepted such requests ::: Downloaded on - 17/12/2025 20:31:34 :::CIS 6 2025:HHC:43505 subject to fulfillment of two conditions i.e. firstly they should have EWS certificate issued prior to the closing date of applications i.e. 14-11-2020 and secondly such requests should receive in the Commission's office prior to the compilation of the result of written test.
It has been observed by the Commission that number of such type of representations are continuously .
receiving in the Commission's office after declaration of result of written test and typing test and even after the conclusion of 15 marks evaluation process, such representations at this belated stage may not be accepted by the Commission keeping in view the note in the advertisement that only such candidates are not required to apply again who fulfill the eligibility criteria for the post code-817 and there was no any such bar to of apply again if the category status of candidates have altered/changed before the closing date of application i.e. 14-11-2020 for the post of JOA (IT) post code-817 as notification regarding EWS reservation has been issued by the Government on 11.06.2019."
rt As per the aforesaid public notice, respondent No.2 had considered the request of such candidates, who had applied under advertisement dated 19.12.2018, for changing their categories from General (UR) Category to EWS Category under the new advertisement issued on 21.09.2020, subject to fulfillment of two conditions. Firstly, that EWS certificate should have been issued to them prior to the closing date of applications under the new advertisement, i.e. 14.12.2020 and secondly, that such request should have been received in the office of respondent No.2 prior to the compilation of result of the written test.
::: Downloaded on - 17/12/2025 20:31:34 :::CIS 72025:HHC:43505 According to respondent No.2, the petitioner did not make any such request prior to the compilation of the result of written test, therefore, he could not have been allowed change of category from General (UR) Category, .
under which he had participated, to EWS category.
Respondent No.2 is 'Himachal Pradesh Staff Selection Commission, Hamirpur' and is responsible for conducting recruitment to Class-III and Class-IV posts in of the State of Himachal Pradesh. It had withdrawn advertisement dated 19.12.2018 by issuing public notice rt dated 29.01.2019. Fresh advertisement was issued by respondent No.2 on 21.09.2020, stating therein that all those candidates, who had applied under first advertisement, need not apply again. Withdrawal of first advertisement was necessitated on account of enforcement of provisions for reservation to EWS category candidates.
The least that was expected from respondent No.2 was to issue a public notice at the relevant time, i.e. before the last date of furnishing applications under advertisement dated 21.09.2020, calling upon the candidates who had already applied under the first advertisement, that if they desired to change their category from General (UR) to EWS, they should do so alongwith relevant documents by some cut-off ::: Downloaded on - 17/12/2025 20:31:34 :::CIS 8 2025:HHC:43505 date. No such public notice has been placed on record. In the given facts and circumstances, candidates desiring change in the category, but being confused & misled by the terms of new advertisement that they cannot file second .
application or that they having already applied once under the previous advertisement need not apply again, cannot be ruled out. Respondent No.2 will be well advised in future to keep these factors in view and to issue appropriate notice at of the appropriate time and not simply come out with a public notice after document verification in order to justify what it rt had already done.
4(ii). Having observed above, in the instant case, nonetheless relief, as prayed for, cannot be given to the petitioner as he was also very well aware of the fact that admit card had been issued to him by respondent No.2 after the second advertisement dated 21.09.2020 as a candidate belonging to General (UR) Category. He participated in the selection process with this knowledge.
Petitioner appeared in the written test as a candidate belonging to General (UR) Category. His result was declared under this very category on 01.07.2021. He appeared for document verification on 22.08.2022 as a candidate belonging to General (UR) Category. It is on the date of his ::: Downloaded on - 17/12/2025 20:31:34 :::CIS 9 2025:HHC:43505 document verification that he requested respondent No.2 for changing his category from General (UR) to that of EWS.
Respondent No.2 declared the result of the selection process on 14.08.2024, reflecting the petitioner to have .
scored 50.54 marks as a candidate belonging to General (UR) Category. This writ petition was instituted two months later, i.e. on 16.10.2024. Request for change in category was made by the petitioner too late in the day. The events of cannot be undone now. All the selected and recommended candidates, as apprised by learned counsel for respondent rt No.2, have already joined. The affected candidates are not even parties to the writ petition.
5. In view of the fact that the petitioner had knowingly participated in the selection process as a General (UR) Category candidate and the events that have followed, culminating in appointment of all the selected & recommended candidates, no interference in the selection process is called for at this stage. This writ petition, therefore, lacks merit and is accordingly dismissed alongwith pending miscellaneous application(s), if any.
Jyotsna Rewal Dua
December 15, 2025 Judge
Mukesh
::: Downloaded on - 17/12/2025 20:31:34 :::CIS