LAWS(HPH)-2010-3-25

PRABHAT CHANDRA SHARMA Vs. STATE OF HIMACHAL PRADESH

Decided On March 02, 2010
PRABHAT CHANDRA SHARMA Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Material facts necessary for the adjudication of this petition are that the petitioner has passed diploma in Civil Engineering in the month of July, 1986. He got his name registered with the Employment Exchange. The process of filling up the post of Junior Engineer was initiated by the respondents No. 1 to 3. The names of petitioner and respondent No. 4 were sponsored by the Employment Exchanges as candidates of 1986 batch. Respondent No. 4 was selected since he has secured 78% marks.

(2.) Mr. Adarsh Sharma, learned counsel for the petitioner has vehemently argued that since the name of his client was registered in the Employment Exchange in the month of July, 1986, weightage/preference should have been given to his client vis--vis respondent No. 4, who has obtained diploma in the month of December, 1986 and got his name registered thereafter.

(3.) Mr. R.K. Sharma, learned Senior Additional Advocate General appearing on behalf of respondents No. 1 to 3 and Mr. Dilip Sharma, learned counsel for respondent No. 4 have argued that as per Annexure R-A, the recruitment was to be done "batchwise". In other words, their submission is that the candidates who have obtained diploma in 1986, constitute one batch.