NAROTAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has undergone Home Guards Basic Course from 13.06.1988 to 22.07.1988. He has also undergone Elementary Fire Course from 24.07.1990 to 01.09.1990. He submitted an application for considering his candidature for the post of Fireman, pursuant to which, he was called for interview vide letter dated 01.03.1996. However, the fact of the matter is that the petitioner was not selected. The interviews in the year 1996 were held on the basis of Recruitment and Promotion Rules notified on 20.11.1986. These Rules were repealed by the Rules called 'The Department of H.P. Fire Services, Fireman Class-III (Non-Gazetted) (Technical Services), Recruitment & Promotion Rules, 2007', notified on 28th September, 2007. According to these Rules, the height required was 155 cms. and as per Rule-10, 50% of posts were to be filled up by way of direct recruitment or on contract basis and 50% by batch-wise from amongst the candidates possessing essential qualification, as prescribed under Rule-7. An amendment was carried out in these Rules on 01.05.2009, whereby the minimum height has been increased to 165 cms. The respondent-department has issued an advertisement, whereby the applications were invited for filling up 25 posts of Fireman. Petitioner submitted an application for considering his candidature for the post of Fireman. The interviews were held on 14.02.2012. The result was declared on 18.02.2012. 24 candidates were selected and out of them 22 have already been appointed. Petitioner was not selected, since his height was 161 cms. instead of 165 cms. prescribed under the amended Recruitment and Promotion Rules, notified on 01.05.2009. Mr. Naveen K. Bhardwaj, learned Counsel for the petitioner has vehemently argued that the case of the petitioner was required to be considered for the post of Fireman as per the old Recruitment and Promotion Rules, 1986. He then argued that he was to be appointed on batch-wise basis.

(2.) Mr. Vikas Rathore, learned Deputy Advocate General has vehemently argued that the petitioner's height is 161 cms. instead of 165 cms. and 22 candidates out of 24 have already been appointed.

(3.) I have heard the learned Counsel for the parties and gone through the pleadings carefully.