IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 16075 of 2026. Decided on :25 th September , 2026 Raj Kumar Thakur ...Petitioner. Versus State of H.P. & Ors. ....Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the Petitioner: Ms. Neha Thakur, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate General for respondents No.1 and 2. Mr. Vikrant Thakur, Senior Advocate with Ms. Shivani Priya, Advocate for respondent No.3.. Jyotsna Rewal Dua, Judge. This petition has been filed for the grant of following substantive reliefs: “i. A writ of mandamus directing respondents to forthwith issue an addendum or corrigendum to advertisement No. 47/6- 2026 dated 17.06.2026, incorporating and notifying the 01 unfilled carried-forward backlog vacancy of Assistant Professor (Hindi) under the Visually Impaired (UR VI, B, LV) category against the existing cadre vacancies in strict accordance with statutory roster points; ii. A writ directing the respondents to process and fill up the said backlog vacancy on a regular selection cadre basis in strict adherence to R&P Rules and DoP Policy instruction dated 22.06.2020, rather than under the restrictive “Job Trainee” framework; 1 Whether reporters of the local papers may be allowed to see the judgment? 2 iii. A writ directing respondent No.3 to accept and consider the candidature of the petitioner against the said 01 Visually Impaired backlog vacancy pursuant to his application under Advt. No.47/6-2026; iv. An appropriate writ or order quashing/setting aside advertisement No.47/6-2026 to the limited extent of the arbitrary omission of the statutory Visually Impaired backlog post;” 2. The grievance of the petitioner was noticed in the following passed in the petition on 15.09.2026:- “Notice. Mr. Sikandar Bhushan, learned Deputy Advocate General and Mr. Shubham Singh Guleria, learned counsel, appear and waive service of notice on behalf of respondents No. 1, 2 & 4 and respondent No.3, respectively. The case set up by the petitioner is that one post kept reserved for visually impaired category under the advertisement issued on 29.04.2022 for filling up the post of Assistant Professor (Hindi), which was carried forward as backlog unfilled vacancy in the advertisement/notice dated 23.06.2023 and remained unfilled thereunder, has not been further carried forward in the advertisement issued by respondent No.3 on 17.06.2026 (Annexure P-5). Learned counsel for the petitioner submits that out of 34 posts of Assistant Professor (College Cadre) (Hindi) advertised by respondent No. 3 on 17.06.2026, one post was essentially required to have been reserved for candidates belonging to Visually Impaired category. Let the respondents, more particularly respondent Nos. 1, 2 and 4, to place on record specific instructions on the aforesaid issue. List on 23.09.2026.” Pursuant to above, learned Deputy Advocate General placed on record office instructions dated 22.09.2026 from the Secretary 3 Education to the Government of Himachal Pradesh, relevant portion of which was as under: “In compliance with the aforesaid directions, it is submitted that the Department of Higher Education has already initiated the process for filling up backlog vacancies/posts of Assistant Professors (College Cadre) in various subjects through a Special Recruitment Drive. which also includes the backlog vacancy of Assistant Professor (Hindi) under the Visually Impaired Category and the matter is presently under active consideration as it requires concurrence of the Finance Department. After receipt of the requisite concurrence/approval of the Finance Department and completion of all other applicable administrative, statutory and procedural formalities, the requisite requisition for filling up the backlog vacancies may be forwarded to the Himachal Pradesh Public Service Commission (HPPSC), which will take some time.” Taking note of above, following observations were made in the order passed in the petition on 23.9.2026: “Prima facie, it appears that the stand of the petitioner is vindicated that the post of Assistant Professor (Hindi) was required to be carried forward as backlog of unfilled vacancy and required to be reflected as such in the advertisement issued by respondent No.3 on 17.06.2026. Let learned Deputy Advocate General to place on record clear instructions from the aforesaid respondents as to why the backlog unfilled vacancy in question was not included in the advertisement dated 17.06.2026 and as to whether the same can still be made part of the aforesaid advertisement. List on 25.09.2026.” 4 3. During course of today's hearing, learned Deputy Advocate General placed on record office instructions dated 24.09.2026 from the Secretary Education, gist of which is as under: (i) Education Department vide requisition dated 3.11.2021 had requested the Himachal Pradesh Public Service Commission to fill up 41 vacant posts of Assistant Professor, college cadre, Hindi. Posts were accordingly advertised by HPPSC and recommendations in respect of 36 selected candidates were made. Five posts remained unfilled due to non-availability of eligible candidates in the respective categories, including one in UR (VI, B, LV). (ii) On 29.12.2025, the Department of Higher Education requested HPPSC to fill up 34 fresh posts of Assistant Professor Hindi. The posts were advertised on 17.6.2026. (iii) The unfilled/backlog vacancies arising out of earlier recruitment process including one vacancy meant for UR (VI, B, LV) was not included in the second requisition. The respondent department has taken a conscious decision to process all backlog vacancies pertaining to different subjects/categories separately through a special recruitment drive, rather than clubbing them with fresh vacancies. According to the respondents, the decision was taken to ensure focused and expeditious filling of backlog posts, including the post 5 for visually impaired category, in a systematic manner without affecting the ongoing recruitment process for fresh vacancies. 4. The respondents have not disputed factual assertion of the petitioner of there being unfilled vacancies of backlog posts, including the post meant for visually impaired category. As per the respondents, a special recruitment drive is intended for filling up backlog vacancies pertaining to different subjects to ensure expeditious filling thereof. 5. This writ petition is accordingly disposed of with hope and trust that the respondents will undertake special recruitment drive for filling up the backlog vacancies, including the post for visually impaired category, as expeditiously as possible, preferably within three months from today or else the entire object and purpose for filling in backlog vacancies for special category will get defeated. Pending applications, if any, also stand disposed of. Jyotsna Rewal Dua Judge 25th September, 2026. (jai)