Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWPOA No.3897 of 2020
Decided on: 18 August, 2026 ------------------------------------------------------------------------------------- Vivek Singh Chauhan
…..Petitioner
Versus
Himachal Pradesh Staff Selection Commission and another
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Vishwa Bhushan, Advocate. For the Respondents: None. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
This writ petition initially registered as O.A. No.456 of 2018, was instituted before the erstwhile H.P. Administrative Tribunal, seeking following substantive reliefs:-
“a. That the joining of the selected candidates may very kindly be quashed and set aside. b. That one post of JE Electrical may very kindly be kept vacant. c. That the candidates selected in the OBC (UR) category be placed in the General (UR) category as they have obtained more marks that the General (UR) category.”
2. Gist of petitioner’s case is that in the year 2016, respondent No.1 had initiated a selection process for filling
1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2
up 35 posts of Junior Engineers (Electrical) on the requisition sent by respondent No.2. The category-wise break up of these posts is as under:-
“General (UR) = 18 General (IRDP) = 04 OBC (UR) = 04 OBC (IRDP) = 01 SC (UR) = 07 ST (UR) = 01”
Petitioner appeared against one post reserved for ST (UR) category and scored 149 marks in the selection process. He was kept at Sr. No.1 of the waiting list. The candidate selected under ST (UR) category had scored 160 marks. The cut-off marks in the General (UR) category were
162. 3. Learned counsel for the petitioner submits that the candidate selected under OBC (UR) category is required to be placed in the General (UR) category, having obtained more marks than the cut-off marks in the General (UR) category. 4. The factual position, as is projected for the petitioner, does not appear to be correct in view of the reply filed by respondent No.1. The candidate selected against one post of ST (UR) category had less marks than the cut- off marks of General (UR) category. In any case, even if
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petitioner’s assertions are to be accepted, then also the candidate, who in that eventuality is required to be shifted from General (UR) category, has not been impleaded.
Eight years have otherwise gone since the selection and appointment of the candidates under the selection process in question. The relief in the nature prayed for by the petitioner, thus, cannot be granted to him in the facts and circumstances of the case. 5. Accordingly, the present writ petition is dismissed alongwith pending miscellaneous application(s), if any. Jyotsna Rewal Dua August 18, 2026
Judge Mukesh