AMAR NATH Vs. STATE OF H P

JUDGEMENT

(1.) Since writ petitions, respectively bearing No(s). CWPOA No. 86 of 2019, and, No. CWPOA No. 137 of 2019, are directed against a common thereto notification, of, 1.10.2016, hence both the afore writ petitions, are, amenable for common verdict(s), being pronounced thereon(s).

(2.) The apposite advertisement, is, borne in Annexure, A-5, wherethrough the respondents concerned, strived to make recruitment(s), of, multi purpose workers, vis -vis, Nahan Circle. The last date, prescribed therein, for applications, being lodged, by the aspirants concerned, is, 1.12.2016. Through both the afore writ petitions, the writ petitioner(s), cast challenge(s), vis -vis, the awarding of marks, to the selected candidates, who become arrayed as, private respondents, in both the writ petitions. The challenge, as, made by the writ petitioner(s), vis-a-vis, the, unfortunate happening(s), of, erroneous awarding(s), of, marks, and, consequent therewith occurrence, of, flawed selection(s), of, the private respondents, in both the writ petitions, is, focused upon, (a) the awarding of marks, to, each of the selected candidates, on anvil, of their apposite experience certificate(s), hence palpably contravening the mandate borne, in clause (k) and (kh), of, Annexure A-5, (i) wherein, vis -vis, the contested besides apposite experience certificate(s), qua wherewith, marks became allotted, to the arrayed hence private respondents, rather becoming, untenably meted to them, (ii) as, the apposite experience certificate(s) hence possessed, by the selected private respondents, emanated not from any, of, the government undertaking(s) or agencies, as become enumerated, in, clause (k) and (kh), of, Annexure A-5, rather all the experience certificates, emanated from purportedly prohibited private entities/institutions concerned. However, the afore made contest, vis -vis, awarding(s) of marks, to the arrayed herein private respondents, in both the writ petitions, has yet, to, withstand the test, of, the apposite rules, and also, the touchstones, borne in various Annexures, appended with the reply(s), filed to the writ petition(s), by the respondent(s) concerned. Hence before proceeding to adjudge the meritworthiness, or otherwise, of, all the espousals, raised by the learned counsel, for, the writ petitioners, it is imperative, to, allude to the certified copy, of, the apposite Recruitment, and, Promotion Rules, of, 31.5.2016, as become placed on record, by the learned Addl. A.G. On a reading of clause 7 thereof, which stands extracted hereinafter: <FRM>JUDGEMENT_41_LAWS(HPH)9_2020_1.html</FRM> Conspicuously, of, the underlined portions thereof, does pointedly earmark, vis ?-vis, the contested experience certificate(s), as relied upon, by the aspirants concerned, becoming amenable, for, allotment, of, marks, vis ?vis, holders thereof, (iii) upon the experience certificate(s) concerned, making articulation(s), vis ?vis, the aspirant(s) concerned, holding experience(s), either in housekeeping or cooking, and, the tenure, of, the afore experience, lasting upto one year. Significantly, the apposite recruitment, and, promotion Rules, came into force, prior to the issuance, of, Annexure A-5, and hence held vigor and sanctity, in contemporaniety, vis ?vis, the issuance, of, Annexure A-5, and also, concomitantly, they also held legal force, in contemporaniety, vis ?-vis, the makings, of, advertised post(s), by the respondent-concerned. The afore extracted clause, of, the Recruitment and Promotion Rules, does visibly, at the very outset, hence benumb, the efficacy, of, the afore contentions, made by the learned counsel, for the petitioner(s), (iv) and its obviously becoming untenably rested, on the afore clause, borne in the apposite advertisement notice, hence embodied in Annexure A-5, (v) and its prescribing the necessity, of, possession, of, the, afore experience certificate(s), vis ?-vis, housekeeping and cooking, by the selected candidates, besides, with a further necessity, becoming entailed upon, the aspirant(s) concerned, to seek allotment, of, marks, qua therewith, from the selection committee concerned, only upon the apposite experience certificate(s), emanating from government agencies, as become spelt therein, (vi) Reiteratedly, rather prominently with the afore necessities, as embodied in the advertisement notice, being graphically beyond the ambit, of, the afore clause7, as becomes, embodied in the apposite recruitment, and, promotion Rules, clause whereof, does not, carry any evident underlining(s), hence supporting the making(s), of, the afore necessities, rather in the advertisement notice. Dehors the above, and, even if the afore clause (k) and (kh), are visibly, beyond the ambit, and, amplitude of, clause-7, of, the apposite Recruitment and Promotion Rules, yet the respondents concerned, appear to, prior to their receiving, the, apposite application(s), from the aspirant(s) concerned, (vii) inasmuch as, on 1.12.2016, hence subsequent to the issuance, of, Annexure A-5, proceeded to issue Annexure R-5, wherein, the apposite experience certificate(s), appertaining, to, housekeeping/cooking, were, enjoined to unveil, the apposite experience, lasting for one year, and, also, therein a mandate, is, borne, vis ?-vis, the experience certificate(s), qua, housekeeping, and, cooking, being valid, upon, theirs being issued even, by, private institution(s)/entrepreneurs, (c) and, thereupon, through Annexure R-5, the respondent concerned, did mete compliance, with clause-7, of, the apposite Recruitment and Promotion Rules, clause whereof, as aforestated, does not, entail the necessity, of, the afore experience certificates, emanating from any government agency, or, government undertaking, rather the afore clause legitimizing, the holding(s), of, apposite experience certificate, even if, they became issued, by private agencies or entities concerned

(3.) The effect, of, the afore discussion, is, that this Court, holds with fullest aplomb, and, reiterates the afore inference, hence appertaining to the apposite experience certificate(s), as, held by the private/selected respondents concerned, hence not breaching the afore predominant clause-7, and, even if any purported breaches, arise, qua clause (k), and, (kh), as become(s) borne in Annexure A-5, thereupon rather the afore purported breach(es), being wholly rudderless and, not meriting any validation, by this Court.