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Himachal Pradesh High Court

Praneet Sharma & Others .... Review vs State Of H.P. & Others on 5 November, 2018

Bench: Sanjay Karol, Ajay Mohan Goel

              IN THE HIGH COURT OF HIMACHAL PRADESH
                              SHIMLA

                                         Review Petition No.82 of 2018




                                                                                .

                                         Date of Decision: November 5, 2018





    Praneet Sharma & others                                       .... Review Petitioners.
                                                  Versus

    State of H.P. & others                                                   ..Respondents.





    Coram:
    The Hon'ble Mr. Justice Sanjay Karol, Judge.
    The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.

    Whether approved for reporting?1 No.

    For the Review Petitioners:                   Mr. Ankush Dass Sood, Sr.
                                                  Advocate with Mr. Rakesh Sharma
                                                  & Mr.Ishan Kashyap, Advocates, for
                                                  the review petitioners.



    For the Petitioners :                         Ms.Ranjana Parmar, Sr. Advocate
                                                  with Mr.Karan Singh Parmar,
                                                  Advocate, for the petitioners.




    For the Respondents:                          Mr.Adarsh Sharma, Addl. AG., for





                                                  respondents No.1 & 2.

                                                  Ms.Anjula Khajuria, Advocate, for
                                                  respondent No.3.





    Sanjay Karol, J (Oral).

For the reasons set out in the application, delay of 33 days in filing the review petition, which in our considered view has been sufficiently explained, is condoned. Application stands disposed of.

Whether reporters of the local papers may be allowed to see the judgment?

By way of this petition, review petitioners seek .

review of the judgment passed by this Court in CWP No.1964 of 2018, titled as Akshay Sharma and others vs. State of Himachal Pradesh and others, which stood disposed of by this Court on 28.08.2018.

2. Mr. Ankush Dass Sood, learned Senior counsel appearing for the review petitioners points out that clarification, which was given by a Committee in its meeting held on 21.08.2017 constituted pursuant to the orders passed by the learned Tribunal in O.A. No. 2994 of 2017, wherein the said Committee was called upon by the learned Tribunal to go into the issue of equivalence of the diplomas which were possessed by the contesting parties is also being ignored now.

3. He further states that it is not as if the recruitment is being made only on the basis of communication dated 19.03.2018 dehors the Common Recruitment & Promotion Rules.

4. On the other hand Ms.Ranjana Parmar, learned Senior Counsel, appearing for the original applicants, argues that no recruitment can be made dehors the Common Recruitment & Promotion Rules.

5. Be that as it may, as the matter is subjudice before the learned Tribunal and the Committee which has submitted its report on 21.08.2017, has been so constituted .

by the learned Tribunal, its recommendations, can be looked into by the learned Tribunal uninfluenced by any observation made by this Court in the perspective of the Common Recruitment & Promotion Rules, in the backdrop of the controversy involved in the application before it.

6. No other point urged.

With the aforesaid observations, present review petition stands disposed of, so also pending application(s), if any.

(Sanjay Karol), Judge.

                                          (Ajay Mohan Goel)
    November 5, 2018                            Judge.
          (Purohit)





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