H P PUBLIC SERVICE COMMISSION Vs. MUKESH THAKUR

JUDGEMENT

(1.) Appeal No. 907 of 2006 is arising out of the final judgment and order dated 26.12.2005 passed by the High Court of Himachal Pradesh at Shimla in C.W.P. No. 1007 of 2005. While Civil Appeal No. 897 of 2006 is against the interim order dated 22.11.2005 passed in the said writ petition. As the interim order merges into the final order, Civil Appeal No. 897 of 2006 has lost its efficacy.

(2.) Facts and circumstances giving rise to these appeals are that the appellant herein, H.P. Public Service Commission (hereinafter called as, "the Commission") advertised 13 vacancies of the Civil Judge (Junior Division) on 2nd April, 2005, providing the eligibility criteria and mode of selection. The respondent No. 1 applied in pursuance of the said advertisement along with other candidates. The result of the written papers was declared on 04.09.2005. Respondent No. 1 was not found eligible to be called for interview/viva-voce for the reason that he failed to secure 45% marks in the paper of Civil Law - II, though he had secured 50% marks in aggregate. Being aggrieved, the said respondent filed writ petition seeking direction for revaluation of the paper of Civil Law - II and appointment to the said post as a consequential relief. The High Court vide order dated 3rd October, 2005 directed the appellant- Commission to produce his answer sheets before it and the appellant produced the answer sheets of that paper before the High Court on 05.10.2005. The High Court passed an order dated 05.10.2005 directing the appellant to arrange for a special interview for the said respondent in view of the fact that the High Court was of the view that there had been some inconsistency in framing the Question Nos. 5 and 8 and in evaluation of the answer to the said questions.

(3.) However, the operation of the said interim order was stayed by this Court vide order dated 7.11.2005 in SLP (C) 21511 of 2005 and further direction was issued to the High Court to dispose of the writ petition expeditiously.