( 2025:HHC:39577 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 6876 of 2025 Decided on: 22.11.2025 Amita …Petitioner Versus Himachal Pradesh Rajya Chayan Ayog, Hamirpur, H.P and others .…Respondents. ……………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Dewa Nand, Advocate. For the respondents: Mr. Vishwajeet Singh, Advocate, for respondent No.1. Jyotsna Rewal Dua, J Petitioner is with the grievance that respondent had wrongly denied one mark to her for six months training undertaken by her, during the selection process in question. Hence, the writ petition. 2. Heard learned counsel for the parties and considered the case file. 3. The case 3(i). An advertisement was issued by the respondent No.1 on 21.09.2020 inter alia inviting applications for the post of Junior Office Assistant (IT) against post code No.817. Petitioner, who belonged to General Below Poverty Line (BPL)category, applied for the post. She qualified the written test conducted on 21.03.2021 as also the typing skill test on 09.08.2021. She was called for evaluation 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 ( 2025:HHC:39577 ) of documents on 22.05.2024. In terms of advertisement, 15 marks were allocated for evaluation of documents. 3(ii). The respondent No.1 declared the result of selection process on 22.05.2024. Petitioner’s name appeared in the waiting panel with 48 marks. During validity of waiting panel, the respondent No.1 recommended names of candidates in order of merit from the waiting list panel also. Candidates from waiting list panel with 48.95 marks were also recommended. Against this background, the case of the petitioner is that if one mark, which was statedly due to her in view of her training, gets lawful awarded to her in terms of 15 marks evaluation parameters, she would make it to list of recommended candidates. 3(iii). Since dispute revolves around award of marks to the petitioner under 15 marks evaluation criteria, it would be appropriate to refer to the relevant clauses from the said criteria. The relevant columns for award of 15 marks from the prescribed evaluation criteria reads as under:- Sr. No. Detail of Criteria of 15 marks Marks Competent authority to issue the certificates 10. Training of at least 6 months duration related to the post applied for from a recognized University/Institution 1(one) Competent authority of the concerned University/institution. 11. Experience up to a maximum of 5 years in Govt./semi-Govt. Organization relating to the post applied for (0.5 mark only for each completed year). 2.5 (two & a half) Competent authority of the concerned Govt./Semi Govt. Organization. 3 ( 2025:HHC:39577 ) Learned counsel for the petitioner submits that petitioner had an experience certificate issued to her on 22.05.2024 (Annexure P-26) that reflected her having worked in Jawahar Navodaya Vidyalaya Rekong Peo, District Kinnaur, H.P as Clerk/ Junior Secretarial Assistant (JSA) w.e.f. 13.08.2015 to 13.09.2020 on daily wages basis. In view of this experience certificate, petitioner had been awarded 2.5 marks by the respondent No.1; Petitioner was also entitled to one mark reserved for training of at least six months duration related to the post applied for, from recognized University/Institution. It was submitted that this diploma has to be considered as training undertaken by the petitioner in view of a notification issued on 18.11.2016 by Government of Himachal Pradesh, Department of Social Justice & Empowerment. The argument advanced is that petitioner had Post Graduate Diploma in Computer Application (PGDCA) from National Institute of Electronics and Information Technology, Shimla (NIELIT) issued on 27.02.2019 (page 62 of paper book). In lieu of this diploma, the petitioner was entitled to one mark under column No.10 of evaluation criteria. Learned counsel for the petitioner submits that petitioner was selected for undergoing the training as per notification dated 18.11.2016 and it is in furtherance thereof that she had passed PGDCA diploma course from the NIELIT. Accordingly, in view of 4 ( 2025:HHC:39577 ) clauses of notification, her PGDCA diploma has to be treated akin to training thereby making her eligible for award of one mark. 4. In my considered view, respondent No.1 was correct in not awarding any mark to the petitioner for her PGDCA diploma. 4(i) The notification dated 18.11.2016 upon which the petitioner places reliance to co-relate her PGDCA diploma as akin to training, is applicable to candidates belonging to Scheduled Castes/Scheduled Tribes/ Other Backward Classes, Handicapped, Single women, Widow and Minorities. The notification does not per- se apply to candidates belonging to the General (BPL) category. Petitioner belongs to general (BPL) category. It would be appropriate to extract some relevant clauses from this notification: “The Governor, Himachal Pradesh is pleaded to notify the “Training & Proficiency in Computer Application & Allied Activities” Scheme, 2006 to the candidates belonging to Scheduled Castes/Scheduled Tribes/Other Backward Classes, Handicapped, Single Women, Widow & Minorities. These shall come into force from the date of their Notification. 2. Aims and Objectives: The main purpose of the scheme is to provide training & proficiency in Computer application and allied activities to the bonafide, residents of Himachal Pradesh belonging to Scheduled Castes/Scheduled Tribes/Other Backward Classes, handicapped, Single Women, Widow & Minorities through recognized institutions and placement in office of Government/other organization for the purpose of making them eligible for career opportunities available in private/Government sector. 3. Eligibility: i. the candidate should be a bonafide resident of Himachal Pradesh. ii The candidate should be not more than 35 years of age on the date of publication of advertisement. iii The candidate should have passed minimum educational qualification from recognized Board/ University as would be 5 ( 2025:HHC:39577 ) required for various courses/ programmes, offered by the Department of Social Justice & Empowerment. iv) The candidate should belong to Scheduled Castes/Scheduled Tribes/ Other backward Classes, Minorities, Handicapped, Single women & widow as notified by the Government of Himachal Pradesh from time to time. v. The candidate should belong to Below Poverty Line family as identified by the Department of Rural Development, Himachal Prdesh. Provided that the candidate whose parents/ guardian’s income is less than 2.00 lakhs per annum will also be covered in even of short fall/ non-availability of candidates belonging to BPL families as against the district targets. 4. Selection of Candidates: 1. The Director……………. i) The candidates will be selected strictly as per targets allotted to each District. However further distribution of targets running various categories would be made on the basis of their population. ii) The eligible ex-inmates of Bal/Balika Ashrams, persons with disabilities, Widows deserted and destitute women will be selected out rightly on first come first serve basis from amongst their categories subject to the condition of fulfillment of minimum educational qualification as prescribed in Rules 4. Provided that: The eligible ex-inmates of Bal/Balika Ashramis, persons with disabilities, widows, deserted and destitute women belonging to SCs/ST/OBCs/Minorities from BPL, families will be selected out rightly. On first come first serve basis from amongst their categories subject to the condition of fulfillment of minimum education qualification as prescribed in Rule 4. The number of candidates so selected shall not exceed 20% of the targets of a particular category……” 5. Selection of Organization to impart training: 1. The Department will nominate the selected candidates to the reputed organization approved by Department of Information & Technology, H.P Institute of Public Administration or any other Government/Institution who are already running computer training and allied activities centers in association with the above organization. The bids will be invited by the Director from the recognized organizations engaged in the filed of computer training through leading news papers. A tender, selection Committee under the Chairpersonship of Director and member from National Information Center, Director, Labour & Empowerment and other Department associates with training will select the organization/institution for imparting training in computer applications and allied activities. After the selection of 6 ( 2025:HHC:39577 ) organization/institutions, list of such organization/institution will be communicated to the concerned District Welfare Officer. 2. After the finalization of rates of computer and allied course, agreement will be executed between the Director and the selected organization/institution. 6. Training: 1. The candidates shall be provided training in following computer and allied courses for duration mentioned against each:- A Post Graduate Diploma in Computer Application One Year B DOEACC’O’Level One Year C DOEACC’A’Level One Year D DOEACC’B’Level One Year E DOEACC’C’Level One Year F Post Graduate Diploma/Diploma in Computer Application. One Year G DOEACC Bio-informatics ’O’ Level One Year H Office Automation/Computer Concept Course (CC) 8 weeks I DOEACC’O’Level (Hardware) One Year J Any other allied course to be included from time to time as short listed by a committee comprising the members from the department of Information & Technology, Technical Education, labour & Employment and Social justice and Empowerment. 2. The department will bear cost of training not exceeding Rs.1350/- per month per candidate (Rs.1500/- pm for disabled candidate), which would be paid as under:- 20% at the time of enrollement. 60% after completion of training. 20% after placement of candidate. The Institute/Agency will ensure 70% placement to the trainees & 20% amount of payment will be paid after completion 240 days attendance of trainees during the period of placement. Amount of payment for the training Institute will be released after full filling the above condition. 3. The selected candidates will have to make their own boarding and lodging arrangements during period of training and no assistance will be provided for the purpose by the Department. 4. The selected candidates shall be provided a stipend of Rs.1000/- P.M. during the training. 5. The selected candidates will have to execute a bond/undertaking that they will not leave the course in the middle 7 ( 2025:HHC:39577 ) of training and in event of such act, the candidate will have to deposit the expenditure incurred by the Department on training. 6. The institutions will send monthly attendance report as prescribed at Annexure-II to the concerned District Welfare Officer. 7. After completion of training the candidates will have to appear in the examination to be conducted by the institutions/organization. The examination fee will be shared in the ratio of 50:50 by the Department and the candidate. 8. If the examination center is fixed other than the place of training the candidates will have to appear in the examination at their own cost and no TA/DA will be provided by the Department. 9. The candidates declared successful in the examination will be provided certificates by the said institutions/organizations in token of having passed the said examination and they will be placed s trainee in the Government Office/Private Organizations for gaining apprenticeship in computer applications and allied subjects for a period of six months. The concerned District Welfare Officer will decide the place of apprenticeship. However, the period of placement in the employment would be given after the apprenticeship period. In case the trainees does not wanted to attend the apprenticeship training then the period of one year shall be given after completion of his training but duly this period the candidate shall not be eligible for grant of any allowance as is being given to other trainees under training apprenticeship. 10. The candidates who are unable to pass the examination will have to reappear in the examination, at their own cost. The department will not share examination fee for another chance or the TA/DA needed for the purpose. 11. The candidate shall attend the office/organization on all working days for the full duration of working hours as prescribed for the office. The apprenticeship will, however, not confer any right to the candidate for appointment to the Government Service. 7. Payment of Stipend/Course Fee 1. The candidate of shall be provided a stipend of Rs.1000/- per month( for disabled Rs.1200/- per month) during the training prescribed in Rule 7(2) and Rs.1500/- (Rs.1800/- for disabled) during the placement. However, during the above period the candidate can also claim the SDA (Skill Development Allowance) of the State Government as per applicable scheme for undergoing training. However, only one stipend from Department of Social Justice and Empowerment or benefits either SDA ( Skill Development Allowance) from Department of Labour and Employment shall be admissible to the extent it is equivalent. The additional amount, if any, for any category shall be borne by the Department of Social Justice and Empowerment. It shall be the responsibility of the Department of Social Justice and Empowerment to ensure bulk release of SDA (Skill Development Allowance) from Department of Labour and Employment to 8 ( 2025:HHC:39577 ) candidates under this scheme so that duplicacy of any kind is avoided. 2. The District Welfare Officer of the district concerned shall be competent authority for sanction/disbursement of stipend on monthly basis during the period of training and placement. 3. The stipend shall be drawn on the basis of monthly attendance sheet submitted by in-charge of institutions/organizations and the officer in-charge of the office where the candidate has been placed. The stipend for the period of absence shall be deducted if the in-charge of institution/organization or the officer in-charge of the office as the case may be, is satisfied that the absence was unauthorized and without sufficient reasons. 4. The candidate shall be allowed one day casual leave per month and all gazette holidays during the period of placement. 5. The District Welfare Officer of the District concerned may discharge any candidate, if he/she is of the opinion that the candidate is not taking adequate, interest in training or that his/her conduct of discipline is not satisfactory. While discharging the candidate, the concerned District Welfare Officer will record the reasons. Besides of the above the Institute/Agency will also be responsible for tracking of the trainees after completion of training for attendance period of joining. 6. The Director will release that total payment of course fee etc. to the institutions/organization who had imparted training as per terms and conditions laid down in the agreement. Learned counsel for the respondent No.1 has contended that petitioner was not eligible for the benefits flowing from notification dated 18.11.2016. Since the aforesaid notification was applicable to BPL categories belonging to Scheduled Castes/Scheduled Tribes/ Other Backward Classes, Handicapped, Single women, Widow and Minorities, the petitioner belonging to General (BPL) category did not fall under any of the aforesaid categories. Learned counsel for the respondent No.1 submitted all those participating candidates who were given the benefit of notification dated 18.11.2016 and thereafter, were placed as trainees in recognized institutions and obtained certificates from these institutions were awarded one mark but in the 9 ( 2025:HHC:39577 ) instant case, no such document pertaining to petitioner having been selected under notification dated 18.11.2016 & as a consequence thereof getting PGDCA diploma had been produced by the petitioner before the Evaluation Committee for co-relating the PGDCA diploma as the one given to her in view of her selection for the benefits under the notification dated 18.11.2016. For this reason, denial of one mark under column No.10 was sought to be justified. 4(ii). For adjudicating this petition, it is not necessary to decide as to whether the petitioner was eligible for the benefits of notification dated 18.11.2016 as there is no document on record to show that petitioner was actually granted the benefits of notification dated 18.11.2016 or that it was in furtherance of her selection under the said notification that she was admitted in NIELIT & accordingly obtained her PGDCA diploma. Learned counsel for the petitioner does not dispute this position. It is only in the eventually of a candidate having been selected for the benefits of notification dated 18.11.2016 that diploma obtained by him/her in that process from a recognized institute is to be treated as training as per the notification. Petitioner has admittedly not produced any document linking her PGDCA diploma with the notification dated 18.11.2016. In absence of any document showing petitioner having been conferred benefit of the notification dated 18.11.2016, the PGDCA diploma obtained by her would only stand out as an educational qualification & not training. Petitioner therefore was not eligible for one mark for her 10 ( 2025:HHC:39577 ) PGDCA diploma. It was justly not awarded to her. Petitioner’s PGDCA diploma only certifies about her having the qualification & not training. Assertion of the respondent No.1 can be believed to be correct that petitioner had not supplied any documents before the documents evaluation committee co-relating her PGDCA with the notification dated 18.11.2016. It is petitioner’s own case that she is entitled to one mark only in view of notification dated 18.11.2016 & her PGDCA. Having failed to file any documents connecting her PGDCA diploma with notification dated 18.11.2016, it has to be held that respondents were justified in not treating her PGDCA as training, therefore, not awarding any marks for it. The present writ petition therefore fails and is dismissed. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 22nd November, 2025(yogesh)