IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13021 of 2025 Date of Decision: 19.11.2025 ___________________________________________________ Gorkhi Devi …….Petitioner Versus State of Himachal Pradesh & others … Respondents ___________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Ashok Kumar & Mr. Azad Kaith Advocates. For the Respondents: Mr. Rajan Kahol and Mr. Vishal Panwar, Additional Advocate Generals with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocate Generals, for respondents No. 1 to 4. Mr. Sanjeev Bhushan, Senior Advocate with Mr. Sohail Khan, Advocate, for respondent No.5. _________________________________________________ Sandeep Sharma, Judge(oral): By way of instant petition, petitioner has prayed for following main reliefs:- “(1) Issue a writ of certiorari or any other appropriate writ, order or direction, quashing and setting aside the order dated July, 2025 (Annexure P-9) issued by the Secretary (Education)to the Government of Himachal Pradesh, whereby respondent No.4 has been directed to consider the NSS certificate of 1Whether the reporters of the local papers may be allowed to see the judgment? 2 respondent No.5 for the post Assistant Warden after the deadline date; (2) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to consider the candidature of the petitioner strictly in accordance with the terms and conditions of the advertisement dated 08.04.2025 (Annexure P- 1) and without granting any post facto relaxation to any candidate.” 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Ashok Kumar, learned counsel for the petitioner, is that though respondent No.5 had not submitted the NSS certificate at the time of her submitting application for the post of Assistant Warden in terms of Advertisement dated 07.04.2025(Annexure P-2), but yet after expiry of last date for submission of application i.e. 30.04.2025, the Secretary (Education), Government of Himachal Pradesh, vide order dated Nil (Annexure P-9), directed respondent No.4 to consider the NSS Certificate of respondent No.5. 3. In nutshell, the case of the petitioner is that since NSS certificate ordered to be considered by respondent No.1 was not in existence till 29.07.2025, there was no occasion, if any, for the respondents to consider the same, while considering 3 the candidature of respondent No.5 for the post of Assistant Warden. 4. Pleadings adduced on record by the respective parties reveal that vide advertisement dated 07.04.2025, Principal of Government Senior Secondary School, Himgri, District Chamba, Himachal Pradesh i.e. respondent No.4, invited applications for different posts including one post of Assistant Hostel Warden. As per aforesaid advertisement, all interested candidates could apply till 30.04.2025 alongwith the documents i.e IRDP certificate, land-less certificate, experience certificate, backward certificate issued by the Panchayat, widow or orphan etc. Since vide Notification dated 17.04.2017 (Annexure P-1), State of Himachal Pradesh decided to make selection of Class-III & IV posts/ services under the State Government on the basis of merit of written examination or prescribed education followed by evaluation based on various parameters, as detailed in the afore notification, petitioner alongwith other candidates was also entitled to get one mark for NSS (at least one year) Certificate. 5. Admittedly, respondent No.5 herein was unable to annex NSS certificate alongwith her application, which was made well within time, but before interview for the post 4 concerned could be conducted in terms of parameters laid down in the notification dated 17.04.2017, respondent No.5 made representation to respondent No.4, Principal of the school concerned, for issuing NSS Certificate for her having attended NSS camp for two years from April, 2012 to March, 2014. Though, respondent No.4, after having scrutinized the record, found merit in the claim of respondent No.5 and as such, vide letter dated 29.07.2025 (Annexure P-5), requested the Director of Higher Education, Himachal Pradesh, to issue 16 certificates to the students, who had attended NSS Camp w.e.f April, 2012 to March, 2014. 6. During inquiry, respondent No.4 found that respondent No.5 was part of NSS during April, 2012 to March, 2014 and it was the mistake of the then Principal, who failed to send the requisition for certificate to the Director of Higher Education well in time. Though, Principal of the school concerned on the basis of prayer made on behalf of respondent No.5, issued her NSS certificate of two years from April, 2012 to March 2014, but since same was refused to be taken on record by the Principal of the school concerned, respondent No.5 made an application dated 30.07.2025(Annexure P-7) to the Secretary 5 (Education), Government of Himachal Pradesh, who after having inquired the matter, directed respondent No.4 to consider the certificate, while considering the candidature of respondent No.5 qua the post of Assistant Warden in terms of advertisement dated 07.04.2025. In the aforesaid background, petitioner herein, who is also one of the applicants, has approached this Court in the instant proceedings, praying therein for the reliefs, as have been reproduced hereinabove. 7. In nutshell, the case of the petitioner is that the NSS certificate issued by the Principal of the school concerned, after expiry of last date of the advertisement, could not have been taken into consideration because the same was not in existence at the time of making application for appointment against the post in question. Learned counsel for the petitioner vehemently argued that as per the own case of the petitioner, certificate issued by respondent No.4, certifying therein that respondent No.5 had worked as NSS Volunteer w.e.f. April, 2012 to March, 2014, was issued after her making application for appointment against the post in question. He submitted that even if it is presumed that certificate could have been issued, issuance of the same after an inordinate delay of more than 13 years could 6 not be legally justified. While referring to the document placed on record by respondent No.5 (Annexure R-5/2)( available at page No.62 of the paper book), learned counsel for the petitioner attempted to argue that otherwise also, genuineness of the certificate issued by the Principal of the school concerned (Annexure P-6), thereby certifying that respondent No.5 had completed two years as NSS volunteer from April, 2012 to March, 2014 is under doubt for the reason that careful perusal of certificate(Annexure R-5/2) adduced on record by respondent No.5 suggests that she had participated in NSS camp w.e.f. 8.10.2013 to 12.10.2013, whereas NSS certificate issued by the Principal of the school concerned records suggests her attendance in NSS Camp from 08.11.2013 to 14.11.2013, which is totally contrary to the certificate adduced on record by respondent No.5. 8. To the contrary, Mr. Rajan Kahol, learned Additional Advocate General representing the respondent-State and Mr. Sanjeev Bhushan, learned Senior counsel representing respondent No.5, vehemently argued that no illegality can be said to have been committed by respondent No.4, while issuing NSS certificate, thereby certifying that respondent No.5 had 7 completed two years NSS volunteer w.e.f. April, 2012 to March, 2014, because admittedly during afore period respondent No.5 remained part of NSS, as was duly clarified by respondent No.4 from the records. He submitted that respondent No.4, after having verified factum with regard to enrollment of respondent No.5 under NSS, proceeded to issue certificate (Annexure P-6). He further submitted that certificate (Annexure R-5/2) adduced on record by respondent No.5 cannot be said to have any connection with the certificate issued by respondent No.4 because student being member of NSS attends number of programme and camps in a year. He submitted that certificate (Annexure R-5/2) adduced on record by respondent No.5 suggests that respondent No.5 participated w.e.f. 08.10.2013 to 12.10.2013, whereas in certificate issued by the Principal of the school, thereby certifying that respondent No.5 had completed two years NSSS volunteer from April, 2012 to March, 2014 certifies that respondent No.5 attended NSS camp from 08.11.2013 to 14.11.2013. He submitted that since dates in both the certificates are different, coupled with the fact that respondent No.5 remained member of NSS w.e.f. April, 2012 to 8 March, 2014, petitioner is estopped to claim that certificate issued by respondent No.4 is not genuine. 9. Mr. Rajan Kahol, learned Additional Advocate General, submitted that correctness of the certificate adduced on record stands doubly-checked. He submitted that earlier Principal of the school concerned verified the record and thereafter, Secretary School Education, Himachal Pradesh, after having received the complaint from respondent No.5, got the matter inquired and found that w.e.f April 2012 to March, 2014 respondent No.5 remained associated with NSS and during afore period, she had also attended NSS Camps. Learned counsel representing respondent No.5 further argued that since respondent No.5 had no knowledge that she can be awarded marks for her having participated in NSS, coupled with the fact that no certificate was ever issued to her by the Principal of the school concerned, she immediately after having submitted the application for the post in question, requested respondent No.4 to issue NSS certificate. He submitted that since respondent No.5 prior to interview, if any, for the post of Assistant Warden submitted the document, no prejudice, if any, can be said to have been caused to other applicants including the petitioner. 9 10. Having heard learned counsel for the parties and perused the material available on record, this Court finds that respondent No.5, pursuant to advertisement dated 07.04.2025, submitted the application on 10.04.2025 for the post in question, but while doing so, she also made request to respondent No.4 to issue her NSS certificate for her having participated in the NSS activities w.e.f. April, 2012 to March, 2014. Respondent No.4, having scanned the record, though found that respondent No.5 alongwith other candidates had participated in NSS activities w.e.f. April 2012 to March, 2014, but yet she was not issued certificate, requested the Director School Education, HP to send him blank certificates, enabling him to issue the same to students, who had actually participated in NSS activities during afore period. Though, Principal of the school concerned, on the basis of the record, found claim of respondent No.5 to be genuine and accordingly, issued her certificate (Annexure P-6), thereby certifying that respondent No. 5 had completed two years as NSS volunteer w.e.f. April, 2012 to March, 2014, but yet refused to take the same on record on the pretext that same was being submitted after expiry of last date of submission of applications, as detailed in the advertisement. In the afore 10 background, respondent No.5 approached respondent No.1, who, having scanned the record as well as comments made available by the Director School Education, directed respondent No.4 to issue certificate in favour of respondent No.5, while considering her candidature for the post in question. 11. Once it stands duly established on record that the then Principal of the school concerned had failed to issue certificate to respondent No.5 as well as other students for their having participated in NSS activities w.e.f. April, 2012 to March, 2014, coupled with the fact that aforesaid document was placed on record by the respondent No.5 prior to the date of interview, this Court is not persuaded to agree with learned counsel for the petitioner that any document adduced on record after last date of submission of applications could not have been entertained. No doubt in the case at hand, the application, complete in all respects, was to be submitted before 30.04.2025 and respondent No.5 had in fact submitted the application on 10.04.2025 for the post in question, however, while doing so, she had also requested the Principal of the school concerned to issue NSS Certificate, which though was subsequently issued in her favour by respondent No.4, but was refused to be taken into 11 consideration on the ground that same had been issued after issuance of advertisement. Nevertheless, the Secretary (Education) to the Government of Himachal Pradesh, having taken note of the fact that there was no fault attributable to respondent No.5, inasmuch as the certificate came to be issued by the Principal of the school concerned after an inordinate delay of 13 years, directed respondent No.4 to consider the same, while assessing the candidature of respondent No.5 for the post in question. Since it stands duly established on record with the issuance of the certificate (Annexure P-6), certifying therein that respondent No.5 had completed two years as an NSS Volunteer from April, 2012 to March 2014 that respondent No.5 had remained associated with NSS activities in the school concerned, coupled with the fact that same was placed on record before the scheduled date of interview for the post in question, this Court finds no illegality in the action of respondent No.1 in directing respondent No.4 to take into consideration the certificate (Annexure P-6), while evaluating her candidature for the post in question. 12. Similarly, this Court finds no merit in the submission of learned counsel for the petitioner that the certificate (Annexure 12 P-6), issued by the Principal of the school concerned, is not genuine, especially when respondent No.4 has not denied the factum of its issuance under his/her signatures. The Certificate adduced on record (Annexure R-5/2) has no bearing on the certificate (Annexure P-6), because admittedly, a volunteer associated with NSS participates in multiple camps and as such, it can be reasonably presumed that respondent No.5, besides having participated in camp held from 08.10.2013 to 12.10.2013, as certified in the certificate (Annexure R-5/2) also participated in NSS Camp conducted from 08.11.2013 to 14.11.2013. 13. Consequently, in view of the aforesaid discussion, this Court finds no merit in the present petition and accordingly same is dismissed. The impugned action of respondent No.1 in directing respondent No.4 to issue NSS Certificate in favour of respondent No.5, is upheld. The respondents are directed to complete the selection process for the post in question, as initiated vide advertisement dated 07.04.2025 expeditiously, preferably within a period of six weeks. Interim order, if any, is vacated. Pending application stands disposed of. p (Sandeep Sharma), Judge November 19,2025 (shankar)