LAWS(HPH)-2020-7-37

DHARMENDER KUMAR Vs. STATE OF H.P.

Decided On July 22, 2020
DHARMENDER KUMAR Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) Whether a candidate whose name has been included in the waiting list is entitled for appointment against the unfilled post arising out of the joining and thereafter resignation of the selected candidate is the question that is poised for consideration in this petition.

(2.) Respondent No. 3 i.e. Himachal Pradesh Staf Selection Commission, Hamirpur, vide advertisement dated 16.09.2017 issued an advertisement for recruitment of Ophthalmic Officer. The petitioner being eligible, appeared for the said post, and was placed at Serial No. 2 of the waiting list.

(3.) The grievance of the petitioner is that despite there being vacancy on account of the selected candidate having resigned after joining, the respondents are not ofering him the said post, therefore, they be directed by issuing a writ of mandamus to ofer the post in question to the petitioner.