VIVEK KAISTH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellants before this Court have challenged the Judgment dtd. 20/9/2021 passed by the Division Bench of the High Court of Himachal Pradesh (in Civil Appeal Nos.6233-6234 of 2023, Vivek Kaisth and Akansha Dogra respectively), by which the appointment of the appellants to the post of Civil Judge (Junior Division) has been quashed. There are presently four appeals before us. The other three appeals are of the appellants (in connected appeals), who were also candidates for the post of Civil Judge (Junior Division) for the year 2013 in the State of Himachal Pradesh, and have also challenged the selection process as well as the appointment of the present appellants, though for different reasons. We propose to dispose of these appeals by a common order. All the same, when we refer to the facts in the present case, our reference would be confined to the facts as contained in Civil Appeal No.6233 of 2023 and Civil Appeal No.6234 of 2023.

(2.) An advertisement was issued on 1/2/2013 whereby the Himachal Pradesh Public Service Commission (hereinafter referred to as "State Commission"), invited applications from eligible candidates against eight vacancies for the post of Civil Judge (Junior Division) in Himachal Pradesh Judicial Service. Out of the total eight vacancies, six were "existing vacancies" and two were "anticipated vacancies". The preliminary examination for these posts was held on 12/5/2013 of which the results were declared on 15/6/2013. The candidates, who had qualified preliminary examination participated in the main written examination which was held between 15/7/2013 to 18/7/2013. Eighty candidates qualified in the written examination and were ultimately called for the interview, which was held on 07th and 8/10/2013. Finally, following candidates were selected and the list was published on the website of the Commission and in the newspaper on 8/10/2013. It is as under:

(3.) The names of the two appellants who are before this Court, did not figure in the above list and their names were included later vide notification dtd. 27/12/2013 issued by the State Government. Himachal Pradesh High Court has held these two selections, and consequently the appointments to be illegal and these have been quashed. These two appellants are now before us in challenge to the judgement of the High Court dtd. 20/9/2021. We have to examine the validity of the selection and appointment of these two appellants to the post of Civil Judge (Junior Division), and whether they should now be unseated from their judicial office.