HIMAKSHI Vs. RAHUL VERMA

JUDGEMENT

(1.) The present appeals relate to recruitment to the post of Computer Hardware Engineer by respondent no. 2 - Himachal Pradesh Board of School Education (hereinafter "the Board "). The controversy centres around the prescribed qualifications for appointment to the said post, particularly the requirement of prior work experience and the preference, if any, to a higher qualification, such as a Master 's degree.

(2.) These appeals emanate from the common impugned judgement dtd. 23/4/2021 (hereinafter "Impugned Judgement") passed by the Division Bench of the High Court of Himachal Pradesh at Shimla (hereinafter "High Court "), whereby the judgement of the Single Judge of the High Court was set aside. The Division Bench held that neither the appellant Himakshi (hereinafter "selected candidate") nor the respondent no. 1 - Rahul (hereinafter "unsuccessful candidate") satisfied the essential qualifications at the time of recruitment and appointment.

(3.) At its core, the question involved is whether a candidate who did not possess the required work experience at the time of recruitment could still be selected and appointed, either on the basis of having a preferred higher qualification or by exercising supposed relaxation of the eligibility conditions.