2025:HHC:19858 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1741 of 2025 Date of Decision: 20.06.2025 __________________________________________________________ Amit Singh …….Petitioner Versus State of H.P. and Another ….Respondents __________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 Yes. For the Petitioner: Mr. Vivek Thakur, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General, with Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General, for State. Mr. Vikrant Thakur, Advocate, for respondent No.2. __________________________________________________________ Sandeep Sharma, Judge (oral): Apprehending rejection of his candidature for the post of Lecturer (School-New), Political Science, Class-III, in the Department of Higher Education, Himachal Pradesh, advertised by the respondent No.2-Himachal Pradesh Public Service Commission (for short, ‘HPPSC’), vide advertisement No.11/10-2023, dated 17.10.2023, petitioner has approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for following reliefs: “a. Issue a writ in the nature of mandamus directing the respondents to consider the Representation of the Petitioner dated 24.01.2025 before the date of conduction of document verification stage i.e. 29.01.2025 1Whether the reporters of the local papers may be allowed to see the judgment? 2025:HHC:19858 -2- b. Issue a writ in the nature of mandamus directing the respondents to consider the Petitioner as an Un-reserved Candidate if it is found upon the consideration of the representation dated 24.01.2025 that the category of the Petitioner has undergone a change owing to the fact of gaining employment as JOA(IT) on 26.09.2024. c. Issue a writ in nature of mandamus directing the respondents to not reject the candidature of the Petitioner because of change in category subsequent to the conducting of Written Exam/Screening Test.” 2. Facts, relevant for adjudication of the case at hand, are that vide advertisement dated 17.10.2023, HPPSC invited online recruitment applications for the recruitment of Lecturer (School-New), Political Science, Class-III, in the Department of Higher Education, Himachal Pradesh. Petitioner being fully eligible, submitted online recruitment application No.1108219 for the direct recruitment under Economic Weaker Section category (for short, ‘EWS’) and he was allotted Roll No.90602617. Written examination/screening test for the afore post of Lecturer was conducted by respondent No.2-HPPSC on 09.06.2024. While result of written examination, conducted by respondent No.2- HPPSC, for the post of Lecturer (School-New) Political Science, Class- III, was awaited, petitioner herein, who had also submitted online recruitment application for direct recruitment to the post of JOA (IT), as General Category candidate under EWS sub-category, pursuant to advertisement issued by Himachal Pradesh Rajya Chayan Aayog in the year 2020, cleared the exam of JOA (IT), Post Code-817 and pursuant to his selection, he was allotted Department of Cooperation, based on 2025:HHC:19858 -3- merit-cum-option-cum-availability of posts. Since on account of his selection as JOA (IT), financial status of petitioner came to be changed and he had already participated in the written examination/screening test for the post of Lecturer (School-New), Political Science, Class-III, he approached this Court in the instant proceedings, seeking directions to respondents to not reject his candidature on account of change of his category, which had actually changed pursuant to his selection against the post of JOA (IT). 3. During proceedings of the case, this Court came to be apprised that candidature of the petitioner has been rejected vide communication dated 31.01.2025, but subject to the outcome of the present petition. It also came to be apprised that result in respect of ten posts has not been declared on account of the interim orders passed by this Court in CWP Nos.15208 of 2024, 647 of 2025, 856 of 2025, 1120 of 2025, 610 of 2025 and 1741 of 2025. Before considering prayer made in the instant petition on behalf of the petitioner, this Court, having taken note of submission made by learned counsel representing the petitioner that in case candidature of petitioner is not considered under EWS category, even then he shall get post under Unreserved Category, on account of his having obtained marks at par with the General Category candidate, vide order dated 24.04.2025, directed respondent No.2- HPPSC to produce result of screening test, in which petitioner has appeared as EWS candidate. Pursuant to afore order, learned counsel 2025:HHC:19858 -4- representing the respondent No.2-HPPSC made available result of screening test, in which petitioner had appeared as EWS candidate for the post of Lecturer (School-New), Political Science. Perusal of the result revealed that petitioner has obtained higher marks than cut off marks in Unreserved Category. Taking note of aforesaid fact, this Court directed respondent No.2-HPPSC to keep one seat of Lecturer (School-New), Political Science, Class-III, vacant. In view of the above, one seat of Lecturer (School-New), Political Science, Class-III, is lying vacant. 4. In nutshell, grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Vivek Thakur, learned counsel representing the petitioner is that since at the time of petitioner’s making application for the post of Lecturer (School-New), Political Science, Class-III, his category was EWS and same came to be changed, pursuant to his having passed the examination of JOA (IT), there was no occasion, if any, for respondent No.2-HPPSC to reject his candidature on the ground that his category has been changed. 5. Mr. Vikrant Thakur, learned counsel representing the respondent No.2-HPPSC, while opposing aforesaid submission made on behalf of the petitioner, invited attention of this Court to advertisement dated 17.10.2023 (Annexure P-12), to state that latest certificate issued by the competent authority along with self-undertaking, stating therein that his/her status has not been changed and he/she is not excluded from the category of OBC/EWS/BPL is required to be submitted by the 2025:HHC:19858 -5- candidate to the HPPSC, as and when asked by the HPPSC, as well as on the date of main examination and document verification. He submitted that since on the date of verification, i.e. 29.01.2025, category of the petitioner stood changed from EWS to Unreserved General Category and petitioner was unable to produce latest certificate of EWS issued by the competent authority, no illegality can be said to have been committed by the respondent No.2-HPPSC, while rejecting his candidature for the post of Lecturer (School-New), Political Science, Class-III. While referring to the reply filed by the respondent No.2- HPPSC, Mr. Vikrant Thakur further submitted that petitioner failed to apprise HPPSC with regard to change of his category, well within time and factum of change of category came to the notice of HPPSC, after zone of consideration stood prepared. 6. Before ascertaining the correctness of afore claim of learned counsel representing the petitioner, it would be apt to take note of Sub-Clause 3 of Clause M of advertisement No.11/10-2023 (Annexure P-12) (available at Page No.152 of the paper-book), which reads as under: “3. The statutory certificates like Bonafide Himachali, SC, ST, WFF and legal heir issued on parentage basis on the prescribed format are of permanent nature and are acceptable to the Commission. However, the certificates of O.B.C. on parentage basis on the prescribed format and E.W.S. also on the prescribed format issued by the competent authority to be valid not only for the relevant term of the financial year but also covering the prescribed closing date(s) for submission of online recruitment application through OTRS and application form for 2025:HHC:19858 -6- the main(written) examination, if any. The latest certificate issued by the competent authority alongwith self undertaking stating that his / her status has not been changed and he / she is not excluded from the category of O.B.C. or E.W.S. or B.P.L. will have to be submitted by the candidate to the Commission as and when asked by the Commission as well as on the day of main examination and document verification.” 7. If the aforesaid provision is read in its entirety, it clearly suggests that though statutory certificates like Bonafide Himachali, SC, ST, WFF and legal heir issued on parentage basis on the prescribed format are of permanent nature and are acceptable to the Commission, but certificates of O.B.C. on parentage basis on the prescribed format and E.W.S. also on the prescribed format issued by the competent authority should be valid not only for the relevant term of the financial year but also covering the prescribed closing date(s) for submission of online recruitment application, but even then, latest certificate issued by the competent authority along with self-undertaking stating therein that his/her status has not changed, is required to be submitted by the candidate concerned at the time of written examination or verification of documents. 8. Admittedly, in the case at hand, such information with regard to change of category of petitioner came to be apprised to the HPPSC, after preparation of zone of consideration and petitioner herein stood selected against the post of JOA (IT), prior to declaration of result/list of shortlisted candidate, for the examination of Lecturer (School-New), Political Science, Class-III, conducted by respondent 2025:HHC:19858 -7- No.2-HPPSC. Since category of petitioner from EWS to General Unreserved stood changed prior to preparation of shortlisted candidates, coupled with the fact that he had never intimated HPPSC with regard to change of his category, prior to preparation of zone of consideration, no illegality otherwise can be said to have been committed by the respondent No.2-HPPSC, in rejecting his candidature on the ground that his category has been changed from EWS to General Unreserved. 9. However, there appears to be merit in the contention of learned counsel representing the petitioner that even if it is presumed that category of the petitioner from EWS had changed to General Unreserved, even then his candidature was required to be considered in the category of General Unreserved, wherein admittedly he had secured more marks than the cut-off marks of Unreserved Category. As has been noticed hereinabove, this Court had an occasion to see the result of petitioner, who admittedly at first instance had appeared as EWS candidate and if marks obtained by the petitioner are taken into consideration, same are definitely higher than cut-off marks of Unreserved Category. If it is so, respondent No.2-HPPSC though could have rejected the claim of the petitioner, if any, under EWS category, but certainly, ought to have considered his candidature in the category of General Unreserved. At this juncture, it would be apt to take note of Clause C of advertisement No.11/10-2023 (available at Page No.144 of the paper-book), i.e. Eligibility Conditions, which reads as under: 2025:HHC:19858 -8- “C ELIGIBILITY CONDITIONS:- 1. The date determining the eligibility of all candidates in terms of essential qualification(s), experience etc., if any, shall be reckoned as on the online date for submission of Online Recruitment Applications through ORA portal. 2. The reserved category candidates falling under vertical reservation i.e. S.C. / S.T. /O.B.C./E.W.S. who are appointed on their own merit and not owing to reservation will not be adjusted against reserved points and they will be adjusted against unreserved points. The S.C. / S.T. candidate appointed on their own merit (by direct recruitment or promotion) and adjusted against unreserved points will retain their status of S.C. / S.T. and will be eligible to get benefit of reservation in future / further promotions, if any. However, only such S.C. /S.T. /O.B.C. / E.W.S. candidates falling under vertical reservation who are selected on the same standard as applied to general candidates shall not be adjusted against reserved vacancies. In other words, when a relaxed standard is applied at any stage of selection process in selecting S.C. /S.T. / O.B.C. / E.W.S. candidates, for example in the age-limit, experience, qualification, permitted number of chances in written examination (screening test / written examination), extended zone of consideration larger than what is provided for general category candidates etc., the S.C. /S.T./O.B.C. / E.W.S. candidates are to be counted against reserved vacancies. Such candidates would be deemed as unavailable for consideration against unreserved vacancies in accordance with the instructions of the Government (in the Department of Personnel) issued vide letter No. PER (AP)- C-F (1)- 2/2001 dated 12th November, 2014. The candidates belonging to reserved categories falling under horizontal reservation i.e. Ex- servicemen / Wards of Ex- servicemen, Children / Grand Children of Freedom Fighters (W.F.F.), Persons with Disabilities and Distinguished Sports persons who acquire merit / marks at par with the purely general candidates shall not be selected / appointed against general / unreserved posts and will be adjusted against the post reserved for respective category falling under horizontal reservation. However, it does not debar or preclude a candidate falling under vertical / horizontal reservation from applying and competing for any unreserved 2025:HHC:19858 -9- post subject to his/her eligibility and clearing the written test successfully without any relaxation.” 10. As per aforesaid provision contained in the advertisement, reserved category candidates falling under vertical reservation i.e. SC/ST/OBC/EWS, who are appointed on their own merit and not owing to reservation will not be adjusted against reserved points, rather they will be adjusted against unreserved points. Though status of SC/ST candidate on account of their selection under General Category shall not change, but candidate belonging to ST/OBC/EWS, falling under vertical reservation shall be adjusted on the same standard as applied to general candidates and they shall not be adjusted against the reserved vacancies. Since it is not in dispute that petitioner has obtained higher marks than cut-off marks for Unreserved Category, his candidature ought to have been considered by the respondent No.2-HPPSC under category of General Unreserved for the post of Lecturer (School-New), Political Science, Class-III. 11. Moreover, there is nothing to suggest that on account of petitioner making application under EWS category, any relaxation in age was given, rather, relaxation, if any, was given qua the quantum of fee, if it is so, deficiency in fee can be asked to be made good by the petitioner, but certainly, his candidature, for the post in question under General Unreserved Category, cannot be rejected on this ground, which fact has been otherwise fairly admitted by Mr. Vikrant Thakur, learned counsel representing the respondent No.2-HPPSC. 2025:HHC:19858 -10- 12. Consequently, in view of the above, this Court finds merit in the present petition and accordingly the same is allowed. Respondent No.2-HPPSC is directed to consider the candidature of the petitioner in the category of General Unreserved and thereafter, in case he is found to be in merit under the General Category Unreserved, his name may be recommended for appointment to the Department concerned for the post in question i.e. Lecturer (School-New), Political Science, Class-III. The present petition is disposed in the above terms, so also the pending miscellaneous application(s), if any. (Sandeep Sharma), Judge June 20, 2025 (Rajeev Raturi)