STATE OF HIMACHAL PRADESH Vs. HARBANS LAL

JUDGEMENT

(1.) The question as to whether the date of commencement of the academic year (session) or passing of its prescribed examination would be the relevant date for construing the expression "batchwise", as stipulated in various Rules, guidelines and instructions issued by the State of Himachal Pradesh, prescribing the eligibility criteria for appointment/promotion to posts reserved in various Departments of the State of Himachal Pradesh, is urged for consideration before us.

(2.) Conflicting views, resulting into incongruous situation, taken by different Coordinate Benches (Division Bench) of this Court, was the reason for this reference to resolve the conflict.

(3.) In CWP No.10737 of 2011-D, titled as Vimal Bharti versus State of H.P. and others, decided on 22.12.2011, this Court held that expression "batch" would mean the date when the candidate is admitted to a session and the academic year commences. Whereas in LPA No.27 of 2010, decided on 26.5.2010, titled as Satpal Singh Bhardwaj versus State of H.P. and others, this Court held that the date on which a person can claim promotion, with respect to a batch, is the date when he passes the final examination of the academic session, which view was also expressed by a learned Single Judge of this Court in CWP(T) No.9701 of 2008, decided on 31.8.2012, titled Harbans Lal versus State of H.P. and others, which is the subject matter of the present LPA, in which we have been called upon to answer the issue.