( 2025:HHC:2339 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 776 of 2025 Date of Decision: 10.1.2025 Nanku Ram ...Petitioner. Versus State of H.P. & others …Respondents. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Bonit Kumar, Advocate. For the respondents: Mr. Dalip Kumar Sharma, Additional Advocate General. 4._ ________________________________________________________ Jyotsna Rewal Dua, Judge Respondent No.2 rejected the case of the petitioner for re-enrollment in Home Guard Organization, primarily on the ground that he had crossed the age bar of 50 years, hence, the petitioner has filed this writ petition seeking the relief of re-enlistment/re-enrollment. 2. In CWP No. 6497/2022 decided on 19.9.2022, respondents were directed to consider and decide the case of the petitioner for his re-enlistment. Pursuant to the directions, impugned order was passed on 25.10.2024. The impugned order reflects that the petitioner was acquitted from a Criminal case only on 3.9.2024. By this time, he had crossed the age of 50 years. These facts have not been disputed by learned counsel for the petitioner. The Himachal Pradesh Home Guards Rules 1971 prescribe certain conditions for appointment of Home Guards which include (i) a person should not be less than 1 Whether reporters of Local Papers may be allowed to see the judgment? 2( 2025:HHC:2339 ) 18 years and not more than 50 years of age and (ii) should also bear good moral character. The Rules further provide the procedure for furnishing certificates of good moral character. This has also been observed in CWP No. 3628 of 2020, Inder Singh vs. State of H.P. & others, decided on 5.1.2021. relevant para of which reads as under: “2. Be that as it may, the effects of all the afore may, become undone, rather only for ensuring that since, the writ petitioner, is otherwise, not, declared, in the reply, on affidavit, sworn by the respondent, to be unfit, for performing the apposite duties, nor, is declared therein, to, during the tenure, of, his service as a volunteer in the Home Guards, qua his not performing his duties, with lack of efficiency, and, or his mis-conducting, himself, (i) thereupons, besides when the perusal, of, Annexure P-2, discloses that the persons aspiring to be re-enlisted as volunteer(s) in the Home Guards, are not, to cross the prescribed therein age bar of 50 years, (ii) thereupon, when it is stated at the bar by the learned counsel for the petitioner, that the writ petitioner has not crossed the apposite age bar, hence, the respondents concerned, are, directed to, subject, to his also meteing compliance with Rule 3, of Annexure P-2, inasmuch as, his being (a) not less than 18 years and not more than 50 years of age, (b) is of good moral character; (c) is physically fit to undergo ardous out-door duties and has been medically 3( 2025:HHC:2339 ) examined and found to be of normal health; (d) is at least literate in Hindi; (e) is not wholly engaged in any course of study in any educational institution and has an employment or profession; (f) is not a member of the Territorial Army; (g) takes an oath of allegiance to the Constitution of India and to the Government of Himachal Pradesh as laid down in the form of pledge appended to these rules, hence proceed to consider the request of the respondent, for, his re-enrollment, as a volunteer in the Home Guards.” In view of petitioner having been acquitted from Criminal Case on 3.9.2024 and his having crossed the maximum age bar by this time, respondents’ refusal to re-enlist him does not require any interference. 3. At this stage, learned counsel for the petitioner submits that the respondents are responsible for the delay in deciding petitioner’s case. If that be so, the petitioner is at liberty to seek appropriate remedy for damages etc. or for any other relief that may be admissible to him under the circumstances in accordance with law. 4. The present writ petition is disposed of in the above terms, so also the pending miscellaneous application(s). if any. Jyotsna Rewal Dua Judge January 10, 2025 (veena)