LAWS(HPH)-2012-4-31

AMAR NATH RANA Vs. STATE OF HIMACHAL PRADESH

Decided On April 24, 2012
Amar Nath Rana Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) By means of the present writ petition, the petitioner has assailed the appointment of private respondents No. 3 to 15 to the post of Assistant District Attorneys in the department of Prosecution on the sole ground that no such appointment could have been made merely on the basis of the marks obtained by a candidate in personal interview and without adding the marks obtained in screening test. The advertisement is Annexure P-1 and thereby the second respondent had advertised 15 posts (Gen-07, Gen. Ex. SM-03, SC Ex. SM-01, ST-02 and OBC-02) of Assistant District Attorneys. The petitioner had also participated in the process leading to selection to the posts in question from OBC category.

(2.) The 'Himachal Pradesh, Prosecution Department, Assistant District Attorney, Class-I (Gazetted) Recruitment and Promotion Rules, 2009' are Annexure R-1 to the reply filed on behalf of the 1st respondent. As per these Rules, the mode of recruitment to the post in question is direct and the minimum Education and other qualification required for such recruitment are prescribed under Rule 7, which reads as under:--

(3.) The 2nd respondent is the Agency to make recruitment to the post in question as provided under Rule 15 of the Rules ibid, which reads as under:--