LAWS(HPH)-2010-2-11

SUMITA SOOD Vs. STATE OF H P

Decided On February 23, 2010
DINESH KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Since common questions of law and facts are involved in these petitions, these were heard together and are being disposed of by this common judgment.

(2.) Material facts necessary for adjudication of these petitions are that the process for filling up the posts of Lecturers (School Cadre) in various subjects was initiated by respondent No. 3. Petitioners submitted their applications to be considered for the posts of Lecturers (School Cadre) in the subjects of English, Political Science and Chemistry. The screening test was held on 16th June, 1989. They had qualified the screening test and were called for the interview. The result was declared on 15th January, 1990 and respondent No. 3 prepared the list of selected candidates. However, the appointment letters were not issued to the petitioners and similarly situate persons.

(3.) The case of the petitioners, in nut-shell, is that once the process has been initiated by the respondents for filling up the posts of Lecturers (School Cadre) in various subjects, the criteria of reservation could not be changed. The case of the respondents is that after the judgment of the Apex Court reported in AIR 1988 Supreme Court 959, titled Dr. Chakradhar Paswan versus State of Bihar and others, dated 8th March, 1988, the earlier instructions dated 25th February, 1988 were withdrawn on 5th March, 1992. It was decided to make the reservation subject-wise.