Extracted from the PDF above. The PDF is authoritative.
1 ( 2025:HHC:36071 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.1326 of 2025
Decided on: 29th October, 2025 ---------------------------------------------------------------------------- Jatin …..Petitioner Versus State of H.P. and others .....Respondents ---------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Devender Kumar, Advocate. For the Respondents: Mr. L.N.Sharma, Additional Advocate General and Ms. Menka Raj Chauhan, Deputy Advocate General for respondents No. 1 to 3. Mr. Vijay Panchta and Mr. Pranav Sharma, Advocates, for respondent No.4. ---------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge Petitioner feels aggrieved against selection and appointment of respondent No.4 as Van Mitra. Hence, this writ petition. 2. An advertisement notice was issued by the respondent on 23.11.2023 inviting applications for engagement of Van Mitra for different beats including one such post in Naksetly beat of Tikkar Forest Range. Petitioner, respondent No.4 and others applied for the post 1 Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 ( 2025:HHC:36071 ) in question. Pursuant to the selection process, undertaken by the respondents, respondent No.4 emerged successful in terms of the result declared by the official respondents on 03.02.2024. He was accordingly appointed as such. 3. Petitioner has assailed the selection and appointment of respondent No.4 primarily on two grounds:- i) certificate of the Bharat Scouts and Guides produced by respondent No.4 was not valid on the date of verification and evaluation of documents by the respondents. As such, two marks were wrongly granted to him in lieu of this certificate; ii) Economically Weaker Section (EWS) certificate produced by the respondent No.4 was also not valid on the date of scrutiny of the documents by the respondents. Hence, in lieu of this certificate also, two marks were wrongly awarded to the respondent. According to the learned counsel for the petitioner, in case four marks awarded to the respondent No.4 are taken away from his total marks, it is the petitioner who would get in being next in the merit. 4. I have heard learned counsel for the parties, considered the case file and also the record produced by the respondents. 3 ( 2025:HHC:36071 )
In terms of advertisement notice dated 23.11.2023, the last date for submission of application forms alongwith self-attested photocopies of the requisite documents was 30.12.2023.
The requisite documents included proof of Economically Weaker Section (EWS) category if applicable and also proof of the Bharat Scouts and Guides if applicable. The advertisement notice further provided that in case the mandatory prescribed requisite documents were not provided with duly filled application form, the same was liable to be rejected. At this stage, it would also be pertinent to notice the scheme of engagement of Van Mitra dated 18.10.2023 (Annexure P-4) whereunder in terms of Clause(e) thereof, the candidate has to apply for the engagement as Van Mitra on the application form alongwith self-attested photocopies of requisite documents. The clause also provides that documents alongwith other certificates as claimed would be verified with the original at the time of personal interview prior to the engagement. 4(i). In the instant case, respondent No.4 had provided certificate dated 03.01.2023 of his belonging to EWS category. This certificate for financial year 2021-22 was valid for one year from the date of its issuance. 4 ( 2025:HHC:36071 ) Meaning thereby, EWS certificate of respondent No.4 dated 03.01.2023 was valid till 02.01.2024. The certificate was thus valid till last date of receipt of application form i.e.
30.12.2023. The certificate thereof was justly taken into consideration by the respondents and in view of validity of the certificate as on last date of receipt of application form, two marks were awarded in lieu thereof by the duly constituted Committee who scrutinized the documents on
27.11.2024. In fact the record produced by the respondents also contained another EWS certificate issued to respondent No.4 on 09.03.2024 with validity of one year from the date of issuance. The said certificate reflects that status of respondent No.4 as belonging to EWS category continued uninterruptedly. Hence, no fault can be found with the respondents’ awarding two marks to respondent No.4 for his EWS certificate.
4(ii) In so far as the petitioner’s second allegation of respondent No.4 having been wrongly awarded two marks for his Bharat Scouts and Guides certificate is concerned, it is pertinent to mention that respondent No.4 was awarded two marks under this heading in lieu of his certificate dated 29.04.2022, This certificate reads as under:-
“The Bharat Scouts and Guides, Himachal Pradesh
5 ( 2025:HHC:36071 ) Unit, COE, Government Government College Sanjauli, Shimla-6 Dated: 29.04.2022 To whomsoever it may concern This is to certify that Mr/Ms. Lavish S/oD/o Sh. Rajesh R/o Village Kharla, P/O Dharara Teh. Rohru Distt. Shimla, H.P has been rover/ranger of the college unit in the session 2018-21 under roll No.180338. He/She has been an active rover/ranger and participated in all the activities held under the unit. I wish him all the success in his/her future endeavors. Professor In-Charge Principal, COE, Govt. College, Sanjauli, Shimla-6” While scrutinizing the application form of respondent No.4, the duly constituted Committee on 27.12.2024 had made observation that “certificate of BSG shall be confirmed/clarified from certificate issuing authority.” In view of aforesaid, respondent No.4 represented to the Principal, Center of Excellence, Sanjauli, vide Annexure A-5 for authentifying above certificate of his having participated in Bharat Scouts and Guides, H.P, Unit of the concerned college in the concerned activity. The Principal, Center of Excellence, Sanjauli on 29.11.2024 verified that respondent No.4 was registered in Bharat Scouts and Guides, Unit of Center of Excellence, Government College, Sanjauli during 2018-21. That being
6 ( 2025:HHC:36071 ) the position, marks were justly awarded to respondent No.4 in lieu of the said Bharat Scouts and Guides certificate. No other point was urged for assailing selection and appointment of respondent No.4 as Van Mitra. 5. In view of the above, respondent No.4 was justly awarded marks by the selection committee. Hence, this writ petition fails and same is accordingly dismissed. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua October 29, 2025 Judge yogesh