STATE OF HP Vs. SACHIN

JUDGEMENT

(1.) THE State and others in CWP No. 6317 of 2010 have come up in appeal aggrieved by the judgment dated 6.4.2011. THE writ petitioner participated in the process of selection for appointment to the post of constable. In view of his colour blindness, he was not selected. THE learned Single Judge directed the appellants herein to offer appointment to the writ petitioner in terms of the action taken in the judgment in CWP-T No. 4520 of 2008 titled as Hoshiar Singh vs. State of H.P. and others and connected matter.

(2.) IT is the contention of the appellants that the clerical/ministerial wing has different recruitment process and they are covered by different Recruitment and Promotion Rules and, therefore, a person, who participated in the selection for appointment to the post of constable cannot be appointed in the clerical or ministerial wing. We find force in the submission. Once the recruitment process is different, ignoring the process of recruitment in terms of Recruitment and Promotion Rules, no person can be appointed in a cadre.

(3.) THE learned Deputy Advocate General points out that no indulgence was shown to Hoshiar Singh as he was otherwise gainfully employed in Government service.