SHUBHAM KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The respondent concerned issued an advertisement notice on 26.10.2016. The afore advertisement notice is borne in Annexure A-1. The writ petitioner and co-respondent No. 5 applied against one reserved vacancy in the category of OBC & IRDP. The writ petitioner was put in the waiting list, whereas, respondent No. 5 became selected and consequently became appointed against the afore reserved vacancy of Warder (Male) at sub-jail Mandi.

(2.) The learned counsel appearing, for the writ petitioner, submits that since co-respondent No. 5 was under a legal duty to establish that he belongs to IRDP/BPL family, as only thereupon he could stake a claim, for his valid participation in the process for recruitment of Warder (Male) in sub-jail Mandi. However, she submits that the BPL certificate, issued by the Panchayat concerned, and borne in Annexure A-3, is, fraudulently procured or is a sequel of suggestio falsi, and supressio veri.

(3.) The validity of the afore contention, is to be tested from the date of issuance of BPL certificate, borne in Annexure A-3. The learned counsel for the petitioner contends, that since co-respondent No. 5, is displayed in Annexure A-3, to be living in a joint family, comprising one Savita Devi, one Kalpana Devi and one Karuna Devi, (i) furthermore, since the elder sister of respondent No. 5, namely Karuna Devi, living jointly in the family of corespondent No. 5, became appointed as constable in the Police Department, much prior thereto, inasmuch as, on 24.9.2016, thereupon the underlining(s) made in Annexure A-3, rather issued on 9.12.2016 that corespondent No. 5 belongs to BPL family, is false. She further submits that hence the selected/appointed candidate(s), inasmuch as, co-respondent No. 5, had no vested right to stake any claim, for his validly participating in the recruitment process, against the post meant for OBC/IRDP category, muchless his holding any right to claim his being validly selected, and, thereafter, becoming appointed as Warder (Male) in Sub-jail, Mandi, in the category of IRDP/OBC.