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2025 DAILYLAW 8207 (HP)

SARBJEET SINGH v. THE STATE OF HP AND OTHERS

CWP/3164/2025 · 2025-03-27

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.3164 of 2025 Decided on: 27th March, 2025 _________________________________________________________________ Sarbjeet Singh ....Petitioner Versus State of HP & Anr. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Arush Matlotia, Advocate. For the respondents: Mr. Sikandar Bhushan, Deputy Advocate General. Jyotsna Rewal Dua, Judge Following order was passed in the matter on 06.03.2025:- “Notice. Ms. Leena Guleria, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents. Let learned Deputy Advocate General to have instructions about the compliance of the directions issued in para 23 of the judgment rendered in CWPOA No.942 of 2019 (Kuldeep Sharma Versus State of Himachal Pradesh and others), decided alongwith 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - connected matter on 31.12.2024. List on 27.03.2025. CMP No.3342 of 2025 Disposed of as not pressed at this stage.” 2. Para-23 of the judgment in Kuldeep Sharma Vs. State of Himachal Pradesh and others2 read as under:- “23. In light of the adjudication in CWPOA No. 942 of 2019, there is no occasion for this Court now to decide CWP No. 8085 of 2022 on merit and the same is disposed of with the direction that the respondent-Department is at liberty to offer appointment to the candidate most meritorious who participated in the recruitment process”. 3. In compliance to the order dated 06.03.2025, learned Deputy Advocate General has placed on record office instructions dated 26.03.2025 from the Director, Technical Education Vocational & Industrial Training H.P. Sundernagar. As per these instructions, the Government vide letter dated 26.03.2025 had decided on 26.09.2019 to close down the recruitment process initiated in the year, 2017. The relevant part of the office instructions reads as under:-. “1. That it is respectfully submitted that the matter has 2 CWPOA No. 942 of 2019, decided alongwith connected matter on 31.012.2024 - 3 - been taken up with the Government vide this office letter No. 10416 dated 03/03/2025 and subsequent clarification dated 18/03/2025 for issuance of the necessary direction in the subject noted matter. The Government vide letter No. TE-E/20/2025 dated 26/03/2024 has directed the following ( Copy of the Govt direction dated 26/03/2024 is enclosed herewith):- "That SWF/IMC engagements stands banned by the State Govt. vide order dated 26.09.2019. Therefore, recruitment process started in 2017 itself stand closed on dated 26.09.2019. Moreover, any recruitment process cannot be kept open for 7-8 years as the same would deprive the eligible unemployed youth to apply & compete for the available opportunities. The department also not directed to mandatorily offer the appointment to candidate who participated in the recruitment process in 2017." 4. In view of above, learned counsel for the petitioner submits that though this writ petition be closed, however, liberty be reserved to the petitioner to seek appropriate remedy for redressal of his surviving grievances including against the decision of the Government quoted in the above office instructions. Granting such liberty, present writ petition is disposed of. Pending miscellaneous application(s), if any, also to stand disposed. Jyotsna Rewal Dua Judge March 27, 2025 R.Atal