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2026 DAILYLAW 22301 (HP)

VASUDHA PANDE v. THE STATE OF HP AND ANOTHER

CWP/6583/2026 · 2026-09-09

Jyotsna Rewal Dua

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 6583/2026 Decided on: 09.09.2026 Vasudha Pande …Petitioner Versus State of H.P. & Anr. .…Respondents. ……………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Naresh Verma, Advocate. For the respondents: Mr. Rajat Choudhary, Assistant Advocate General. Jyotsna Rewal Dua, J The petitioner has instituted this writ petition for quashing the advertisements dated 31.03.2026 (Annexure P-2) and 04.04.2026 (Annexure P-3), to the extent the category of “mental illness” had been excluded from the reservation meant for persons with benchmark disabilities. The petitioner has also prayed for direction to the respondents to issue corrigendum to the advertisements (Annexures P-2 and P-3) for including the category of “mental illness” under the reservation for persons with disabilities and earmarking 1% of the posts, as per Section 34 of the Rights of 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 Persons with Disabilities Act, 2016, qua the post of Lecturer/Post Graduate Teacher. 2. Learned Assistant Advocate General has placed on record office instructions from the Director School Education, relevant portion of which reads as under: - “In this regard it is submitted that after advertisement of Posts for Bench Mark Disabilities (Annexure P-2), it was found that identification of posts are of 25-6-2021, whereas the Department of Social Justice of Himachal Pradesh has adopted the notification dated 4-1-2021 and 24-8-2022 of Government of India for providing 4% reservation to persons with Benchmark Disabilities. Therefore, revised proposal for identification of posts was sent to the Govt. vide letter dated 30-6- 2026 and the selection process as notified on 31/3/2026 has been kept in abeyance and will be re-started after identification of posts as per HP Government letter 5/4/2023. The copy of letter dated 30-6-2026 is enclosed herewith. It is therefore, requested that the Hon'ble Court may kindly be apprised accordingly on the next date of hearing i.e. 7-9-2026, please.” 3. In view of the office instructions conveying that the revised proposal for identification of posts has been sent to the State Government on 30.06.2026 and, accordingly, the selection process notified on 31.03.2026 has been kept in abeyance and would be re- initiated after the identification of the posts as per the State Government letter dated 05.04.2023, the present writ petition is disposed of with liberty reserved to the petitioner to seek appropriate 3 remedy for the redressal of her grievances, in accordance with law, at an appropriate stage, in case necessity so arises in future. Pending miscellaneous applications, if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 9th September, 2026(rohit)