2026:HHC:6719 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3758 of 2025 Decided on : 11.03.2026 Sh. Ritesh Verma .…Petitioner Versus State of Himachal Pradesh and another …Respondents Coram The Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 For the petitioner : M/s Prem Chand Verma and Aakash Thakur, Advocates. For the respondents : Mr. Rajpal Thakur, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has inter alia prayed for the following reliefs:- “(i). That the impugned order dated 1.3.2025 Annexure P-7 whereby the petitioner has been asked to be reverted to class four post may be quashed and set-aside. (ii) That the respondents may also be directed to wait for the result of the petitioner as has been 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:6719 certified by the Director of NIELIT vide annexure P-6 that the result is awaited.” 2. Brief facts necessary for the adjudication of this petition are that the petitioner was offered appointment on compassionate basis after the demise of his father against the post of Junior Office Assistant (IT) in terms of Annexure P-2, dated 02.02.2022. This appointment letter was conditional and it inter alia contained the condition that the petitioner on his joining as Junior Office Assistant (IT) with the Department must immediately get himself enrolled with National Institute of Electronics and Information Technology (NIELIT) for acquiring an “O” level or “A” level diploma. It was further mentioned in this appointment letter that the maximum period for acquiring one-year Diploma from NIELIT was to be two years. 3. To cut the controversy short, after his appointment on compassionate basis, the petitioner got himself enrolled with NIELIT in terms of Annexure P-3 in the month of September, 2022, i.e. the time when admissions took place and thereafter, in terms of Annexure P-4, he was enrolled for the “O” level Programme. Validity of the said 3 2026:HHC:6719 enrollment was from June, 2023 to July, 2027. In light of the fact that the petitioner was not able to complete the “O” level computer diploma and submit the certificate to the employer, Annexure P-7 was issued. 4. Feeling aggrieved, the petitioner preferred the present writ petition. 5. I have heard learned Counsel for the parties and have also carefully gone through the pleadings as well as documents appended therewith. 6. In terms of Annexure P-7, dated 01.03.2025, the petitioner was called upon by the department to submit the “O” level Computer Diploma forthwith expeditiously and to provide information that how many papers etc. stood clearned by him, otherwise the petitioner was informed to be relegated as an appointee to the Class-IV category. 7. It is a matter of record that at the relevant time when this Annexure was issued, i.e. on 01.03.2025, the petitioner had already passed three out of four modules and had also appeared in one module in the month of January, 2025, result of which was awaited as is evident from 4 2026:HHC:6719 Annexure P-6, communication dated 27.02.2025 issued by the NIELIT. 8. Learned Counsel for the petitioner as well as learned Additional Advocate General took the Court through the instructions which were imparted by learned Additional Advocate General dated 20.05.2025 by the Director, Language and Culture, H.P. Shimla, relevant portion of which read as under:- “In reference to your office letter No. CWP No. 3758/2025-26557-58 dated 18 May, 2025. The Instructions on behalf of Respondent No. 1 and 2 are as follows:- 1. That the petitioner was initially appointed as Junior Office Assistant (IT) in the respondent Department vide letter No.Bhasni-113/2017-Stha- 1415 dated 02.02.2022 on contract basis on compassionate grounds and as per record the petitioner got himself enrolled in the NIELIT for 'O' level Diploma in July 2022. 5 2026:HHC:6719 2. That the petitioner had passed three out of the four papers at the time the respondents filed their reply. 3. Now, the petitioner, vide letter dated 21.04.2025, informed the department that he has passed the remaining paper and has also submitted the required project. A certificate in this regard has also been submitted by the petitioner (copy enclosed as Annexure R-1). Hence, the petitioner has now fulfilled the requirement of the 'O Level' diploma. The policy explicitly stipulates a maximum period of two years for completion of the required diploma but petitioner has submitted the same in April 2025 taking time 2 years and 9 months, which is under consideration of Hon'ble High Court. It is, therefore, respectfully submitted that the Hon'ble High Court may kindly be apprised accordingly for passing appropriate orders.” 9. This Court is of the considered view that as pursuant to his appointment on compassionate basis, the petitioner did got himself enrolled with NIELIT to acquire “O” 6 2026:HHC:6719 level Diploma and also successfully acquired the same, though with a slight delay, it would be in the interest of justice, in case, this petition is disposed of by setting aside Annexure P-7 and directing the respondents to accept the said “O” level diploma of the petitioner so as to treat that the petitioner has fulfilled the requirement of acquiring the “O” level diploma for his continuity as a Class-III employee. Ordered accordingly. With these observations, this writ petition is disposed of. Consequences to ensue. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) March 11, 2026 Judge (narender)