SANJEEV KUMAR AND OTHERS v. STATE OF HP AND OTHERS
CWP/7787/2024 · 2025-06-19
Sandeep Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17616 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17616 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 7787 of 2024 Date of Decision: 19.06.2025 _______________________________________________________ Sanjeev Kumar & others
…….Petitioners
Versus
State of Himachal Pradesh & others … Respondents ______________________________________________________
Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Kush Sharma, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General, for the respondents/State. Mr. Vikrant Thakur, Advocate, for respondent No.3. _______________________________________________________ Sandeep Sharma, Judge(oral):
By way of instant petition, petitioners have prayed for following main reliefs:-
“(a) By an appropriate writ and order, quash and set aside the impugned decision to issue fresh requisition to fill up the posts of PGT(IP) as evident from impugned communication dated 11.07.2024 (Annexure P-14). The respondent No.3 be also restrained not to implement and proceed with selection process for the post of PGT(IP) which includes the posts earlier advertised vide notice dated 08.09.2017 (Annexure P- 8) and which is pending/yet to be concluded, to meet the ends of justice;
1Whether the reporters of the local papers may be allowed to see the judgment? 2
(b) By an appropriate writ or order, direct the respondent department to conclude/complete the selection process commenced vide recruitment notice dated 08.09.2017 (Annexure P-8) after adhering to the codal formalities as per the laid down procedure including the interview process held/ to be held and further select list be drawn out and those placed in select list be offered appointment after following the usual formalities within time bound manner, to meet the ends of justice.”
2. Pursuant to the notices issued in the instant proceedings, respondents No.1 and 2 have filed short reply through Director of School Education, Himachal Pradesh, perusal whereof clearly reveals that relief, as prayed for in the instant petition stands granted to the petitioners. It would be apt to take note of para Nos. 1 and 2 of afore reply herein below:-
“1. That the petitioner while filing present civil writ petition has sought relief to issue fresh requisition to fill up the posts of PGT IP as evident from impugned communication dated 11.07.2014 (Annexure P-14). The respondent No.3 be also restrained not to implement and proceed with selection process for post of PGT(IP) which includes the posts earlier advertised vide notice dated 08.09.2017 (Annexure P-8) and which is pending/yet to be concluded to meet the ends of justice. 2.That the recruitment process of PGT(IP) initiated on 08.09.2017 stands cancelled vide order dated 30.12.2024.
Further , the approval conveyed vide letter dated 14.03.2024 for filling up of 985 vacant posts of Lecturer (Computer Science) as per R&P Rules, stands withdrawn with immediate effect. The copy of notification dated 30.12.2024 is annexed as Annexure R-1. Therefore, nothing is remained to be determined in the present civil writ petition and the same is liable to be dismissed.”
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3. Precisely, the specific prayer made on behalf of the petitioners is to restrain respondent No.3 from implementing and proceeding with selection process for post of PGT(IP), which includes the posts earlier advertised vide notice dated 08.09.2017 (Annexure P-8). 4. As per reply filed by the respondents recruitment process of PGT (IP) initiated on 08.09.2017 stands cancelled vide order dated
30.12.2024. Besides above, further approval has been also conveyed for withdrawal of process initiated for filling up of 985 vacant posts of Lecturer (Computer Science) as per R&P Rules and in that regard, notification dated 30.12.2024 has been placed on record (Annexure R-1). 5. Though, careful perusal of afore reply filed by the respondents suggests that recruitment process initiated on 08.09.2017 stands cancelled vide order dated 30.12.2024, but perusal of brief note submitted on behalf of the respondent-Himachal Pradesh Public Service Commission suggests that process of 2017, as detailed hereinabove, has been kept in abeyance pursuant to order passed by this Court in the instant case. 6. Mr. Vikrant Thakur, learned counsel representing the respondent-Commission however fairly admits that now on account of cancellation of aforesaid process vide letter dated 30.12.2024,
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respondent-Commission otherwise cannot proceed further, rather in that regard, fresh process, if any, is required to be initiated, but pursuant to requisition, if any, made by the department concerned that too on the basis of R&P Rules, if any, framed qua the post in question. 6. Consequently, in view of the above, nothing remains to be adjudicated in the instant proceedings and accordingly same are
disposed of, reserving liberty to the petitioners to file appropriate proceedings in appropriate Court of law, laying therein challenge to subsequent decision, whereby recruitment process of PGT(IP) initiated on 08.09.2017 came to be cancelled and withdrawn. Pending applications, if any, also stand disposed of.
(Sandeep Sharma),
Judge June 19, 2025 (shankar)