MAHESH GUPTA Vs. STATE OF H.P.

JUDGEMENT

(1.) THE challenge herein in this petition initially filed as an Original Application (O.A) No. 1859 of 2002, before the erstwhile H.P. State Administrative Tribunal (since abolished) under Section 19 of the Administrative Tribunals Act, 1985 and later on, on abolition of the said Tribunal transferred to this Court under the provisions of 'the Himachal Pradesh Administrative Tribunal (transfer of decided and pending cases and applications) Act, 2008 ' and registered as CWP (T) No. 8646 of 2008, is against the selection of Respondent No. 4 to the post of Dy. Advocate General, in the office of the Advocate General, Himachal Pradesh, Shimla.

(2.) THE Petitioners had also participated in the process leading to the selection of Respondent No. 4. The requisite advertisement Annexure A -6 was issued on 10.2.2002. In all there were 23 candidates, who applied for the post. On the basis of screening test held on 32.6.2002, in which 13 candidates appeared, only six had crossed the first hurdle. They were called for personal interview held on 12.8.2002, on the basis of which Respondent No. 4 was selected. Out of the five unsuccessful candidates, two, the Petitioners, have challenged the appointment.

(3.) AS far as the first contention is concerned, the factual position in that regard has been fairly admitted on behalf of the Respondents including Respondent No. 4, the selected candidate whose appointment is under challenge in the present petition. It being so, reference to some of the cases, viz. (1) Budh Ram V. State of H.P., 1999 (1) Shim. L.C. 129, (2) Sanjeev Kumar alias Sonu V. State of Himachal Pradesh, 2000 (2) Shim. L.C. 363, (3) Rangi Lal V. State of H.P., 2000 (2) Shim. L.C. 455 and (4) Durga Nand and another V. State of Himachal Pradesh and the connected matter 2000 (3) Shim. L.C. 438, wherein, both, Respondent No. 3 Shri B.P. Sharma and Respondent No. 4 Shri J.K.Verma, had appeared on behalf of the State in their respective capacity as Additional. Advocate General and Assistant Advocate General is being specifically made at the insistence of the Petitioners and their learned Counsel.