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2026 DAILYLAW 21971 (HP)

STATE OF HP AND ORS v. Puneet Sharma

LPA/289/2026 · 2026-09-02

Chirag Bhanu Singh, Gurmeet Singh Sandhawalia

body2026

Judgment text

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1 ( 2026:HHC:37772 ) IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA LPA No.289 of 2026 Decided on: 02.09.2026 __________________________________________________________ State of H.P. & Ors. ...Appellants Versus Puneet Sharma ...Respondent Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon’ble Mr. Justice Chirag Bhanu Singh, Judge 1Whether approved for reporting?. For the petitioners: Mr. Pranay Pratap Singh, Additional Advocate General. For the respondents: None. G.S. Sandhawalia, Chief Justice [Oral] The only objection taken by the State to the judgment under challenge in Civil Writ Petition No.1567 of 2021, titled as Puneet Sharma versus State of Himachal Pradesh and others, decided on 07.10.2023, is that the learned Single Judge had directed the writ petitioner to be appointed as Patwari (Settlement) from the General Sports Category from the date the similarly placed incumbents were appointed, on the basis of the advertisement/recruitment 1Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2026:HHC:37772 ) dated 30.09.2019, with all consequential benefits, which included seniority except back wages. However, the same lacks clarification regarding the said petitioner to undergo the mandatory training, as provided in Rule 15(A) of the Himachal Pradesh Revenue Department (Settlement) Wing Patwari (Class-III, Non-Gazetted) Recruitment and Promotion Rules 2013, which was a mandatory one year Patwari training and have to pass final Patwari examination before the appointment. 2. It is pertinent to mention that the respondent has been served in the application for condonation of delay, but has not put in appearance. Resultantly, we condoned the delay on 11.05.2026 and the appeal was accordingly registered. Even today, none has put in appearance on his behalf. 3. The apprehension of the counsel for the State is that the Himachal Pradesh Revenue Department (Settlement) Wing Patwari (Class-III, Non-Gazetted) Recruitment and Promotion Rules, 2013, provides that after selection of the written test the Patwari, training would have to be undergone and on the basis of the completion of training the qualification 3 ( 2026:HHC:37772 ) of the Patwari examination would have to be done, as per the standard and syllabus as may be prescribed by the Financial Commissioner (Revenue), from time to time. Rules 15(5) reads as under:- “15(5) Selected candidates shall have to undergo Patwari Training as laid down in the Land Record Mannul at their own expenses. On the completion of training the candidates shall have to qualify the Patwari examination by such standard and syllabus as may be prescribed by F.C.(Rev.) from time to time.” 4. It is pertinent to notice that the petitioner is stated to be a distinguished sports person and the dispute as such, was that his selection for the post of Patwari in Settlement Department had been cancelled on account of the fact that he had not participated in the National Championship and Senior National Championship, but only had participated in the National School Games/Junior Championships three times and thus, had been found ineligible. 5. Apparently, the learned Single Judge had found that there was no distinction in the National Championship relating to School Games/Junior Championships vis-a-vis Senior National Championship (College, University or other 4 ( 2026:HHC:37772 ) Championships) and National Championships include all Championships, be it School Championship or Junior Championship or the like. 6. Thus, it is the contention of the State that similarly situated persons, as per the advertisement, had undergone the requisite training and then only were being given appointments. 7. Since this was never an objection as such and could not have been foreseen by the learned Single Judge at that stage and neither by the State, the mandate of the Rules, as such, would have to be followed and the appellant cannot stand on a different principle only on account of his writ having been allowed. 8. Accordingly, we dispose of the appeal, with the necessary clarification. Pending miscellaneous applications, if any, also stand disposed of. (G.S. Sandhawalia) Chief Justice (Chirag Bhanu Singh) Judge August 02, 2026 (subhash)