KULDEEP SHARMA Vs. HIGH COURT OF HIMACHAL PRADESH

JUDGEMENT

(1.) THESE two writ petitions are being disposed of by a common judgement since identical question of facts and law are involved.

(2.) BOTH the petitioners being eligible, appeared in the test for the posts of Civil Judge (Junior Division) conducted in the year 2010 by the H.P. Public Service Commission. Their claim is that the vacancies are available for general category candidates but they have wrongly not been offered appointment. They consequently pray that the respondents be directed to offer them appointment as Civil Judge (Jr. Division).

(3.) THEREAFTER this Court directed that the appointment be offered to the petitioner alongwith the candidates who had qualified in the year 2009. This was done since the judgement was delivered on 17.09.2009. It was further ordered that consequently one post would be deducted from the category of OBCs in this recruitment year i.e. 2009. This Court further held that the seats of OBC can be carried forward for three recruitment years and no further and that the seats falling to the category of OBC for the year 2009 shall be reduced by deducting the seats carried forward for more than three years and selections made from the general category candidates, if found suitable. The High Court was also requested to take up the matter with the State Government for fixing the appropriate time cap in relation to carry forward vacancies. Consequent to the last direction H.P.Judicial Service Rules, 2004 (hereinafter referred to as the rules) were amended vide notification dated 26.08.2010 and the following proviso before the existing proviso of Rule 5 was added:-