MANISH KUMAR Vs. H.P. PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Notice was confined to respondent No. 1 in response to order dated 27.7.2012. It appears that for selection of 27 posts of Assistant Engineer (Electrical), Class-I, (Gazetted), advertisement was made and screening test was to be conducted. Thereafter, on the basis of the outcome of the screening test, the candidates were interviewed. Noticeably, the number in screening test was not added with the interview for making final selection. It appears that the petitioner has secured 44 marks in screening test in comparison to 45 marks secured by respondent No. 3, whereas in the interview both the petitioner and respondent No. 3 had secured equal marks. The relevant provision of the Rules of Business of the Himachal Pradesh Public Service Commission, 2007, reads as below:

(2.) On the other hand, learned counsel for the petitioner, has invited our attention to the Circular letter dated 11th July, 2005 issued by the Principal Secretary (Personnel) to the Government of Himachal Pradesh to the Secretary, Himachal Pradesh Subordinate Services Selection Board (Annexure P-6). The main contents of the observations are written here as below:

(3.) It has been submitted on behalf of respondent No. 1 that the said Circular is only applicable to the services/posts recruited under the Himachal Pradesh Subordinate Services Selection Board and is not guiding factor in respect of the selection being conducted by the Himachal Pradesh Public Service Commission. Learned counsel for the petitioner has also invited our attention to the judgment of the Supreme Court in State of Punjab and others v. Manjit Singh and others, 2003 11 SCC 559 which reads as below: