IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7349 of 2022 Date of Decision: 17.12.2025 _______________________________________________________ Arpit Kumar Kango …….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. Rajesh Kumar, Advocate. 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 the respondent- State. Mr. Sandeep K. Pandey, Advocate, for respondent No.3. ____________________________________________________ Sandeep Sharma, Judge(oral): By way of instant petition, petitioner has prayed for following main relief:- “That the writ in the nature of mandamus may kindly be issued directing the respondents No.1 and 2 to take action in accordance with the Annexure P-17 and de- reserve the posts reserved for Ex-servicemen and further action will be taken to call the eligible candidates from the merit list (Annexure P-15) and consider the candidate from un-reserved category for the post.” 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by learned counsel 1Whether the reporters of the local papers may be allowed to see the judgment? 2 for the petitioner, is that the posts, which were reserved for Ex- servicemen category but remained unfilled for continuous two years on account of non-availability of Ex-servicemen would have been converted to the category of wards of Ex-servicemen. However, in the instant case, no such procedure was followed, as a result thereof, wards of Ex-Servicemen, who in afore eventuality, could have got an opportunity to compete against the seat reserved for the wards of Ex- servicemen have been deprived of their rights. 3. Having taken note of afore grouse of the petitioner, this Court had passed detailed order dated 25.08.2025, which reads as under:- “Reply on behalf of respondents No. 1 & 2 as well as rejoinder thereto are on record. Mr. Sandeep K.Pandey, learned counsel for respondent No. 3, while placing on record communication dated 05.03.2024, issued under the signatures of Controller of Examinations, Atal Medical and Research University Mandi at Nerchowk, Himachal Pradesh, which is taken on record, states that respondent No. 3 be permitted to adopt the reply filed by respondents No. 1 & 2. Ordered accordingly. Having carefully perused reply filed by the respondents No. 1 & 2 vis-a-vis communication dated 09.06.2014, whereby procedure regarding filling up of vacancies reserved for Ex- serviceman and the dependents sons, daughters and wives of Ex-serviceman came to be notified, this Court is persuaded to agree with Mr. Rajesh Kumar, learned counsel for the petitioner, that reply filed by respondents No. 1 & 2 is silent about number of vacancies, if any, reserved for Ex-serviceman, their wards and in the event of non-filling up of the same from 3 afore category, conversion thereof was made for the residuary category. In view of the above, let Director, Health Services, Himachal Pradesh file fresh affidavit specifically answering the aforesaid query of the Court within four weeks. List on 26.09.2025” 4. Pursuant to aforesaid order passed by this Court, Director (Health Services) filed supplementary affidavit stating therein that 59 posts of Ex-Servicemen (various categories) remained unfilled and accordingly, in terms of instructions issued by the State through the Department of Personnel dated 9.6.2014, process for filling up aforesaid 59 unfilled posts was initiated to be filled up from the wards of Ex-Servicemen by sending requisition for the same to the Himachal Pradesh Public Service Commission by Administrative Department concerned as per the category-wise break up given in the affidavit. 5. Careful perusal of copy of requisition sent to Himachal Pradesh Public Service Commission by the Administrative Department (Health) to the Government of Himachal Pradesh, vide letter dated 22.7.2025 clearly reveals that 59 posts for the wards of Ex-servicemen and 2 posts of Ex-servicemen have been advertised. 6. Though, in terms of aforesaid subsequent development, nothing remains to be adjudicated in the instant proceedings, but this Court having taken note of callous and indifferent attitude of the respondents, whereby they ought to have followed procedure as has been now followed by them as detailed in the supplementary affidavit 4 filed in terms of order dated 25.08.2025 as far back as in the year 2014. However, for reasons best known to them and without any justifiable cause, the said procedure was not followed, resulting in prolonged hardship to several candidates belonging to the category of wards of Ex-servicemen as well as other residue category, who have suffered for no fault of them. 7. Consequently, in view of the above, the present petition is disposed of, with a direction to the respondents to ensure that the requisition sent to the Himachal Pradesh Public Service Commission for filling up 59 unfilled posts earmarked from the category of wards of Ex-servicemen is taken to its logical end. The respondents are further directed to ensure that, in future, in the event of non-filling of posts reserved for Ex-servicemen for a continuous period of two years, such posts shall be converted to the category of wards of Ex-servicemen, and if the same still remain unfilled, they shall thereafter be converted to the residue category, strictly in accordance with law. Pending applications, if any, also stands disposed of. (Sandeep Sharma), Judge December 17,2025 (shankar)