DHARAM PRAKASH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS common judgment shall dispose of the present writ petition and also CWP No. 2255/2012 as common issues have been brought to this Court therein for adjudication. The complaint is that the petitioners though are duly eligible in accordance with the Recruit and Promotion Rules for appointment to the post of Acharya (Sanskrit College Cadre), however, their candidature has been rejected by the 2nd respondent erroneously and arbitrarily.

(2.) IN this petition a prayer has been made to quash communication dated 6.3.2012 Annexure P -6, whereby the candidature of the petitioner has been rejected for the reasons that he has "not qualified NET/SET in Sanskrit Traditional Subjects", with a direction to the 2nd respondent to conduct his interview. IN CWP No. 2255/2012 a direction has been sought to be issued to the 2nd respondent to conduct viva -voce of the petitioner pursuant to the call letter dated 20.3.2012, Annexure P -5, issued in his favour.

(3.) THE 2nd respondent issued advertisement Annexure P -2, thereby inviting applications from eligible candidates for appearance in the State Eligibility Test (SET), however, only their subject of Post Graduation, as per the list of subjects alongwith the Code, mentioned in the advertisement itself. Also that post -graduation of those candidates not covered in the list of subjects, they may appear in related subjects. Consequently, both the petitioners submitted their respective applications for appearance in SET pursuant to advertisement Annexure P -2. They both appeared in the test and were declared successful as per the result Annexure P -3 in this writ petition, whereas Annexure P -2 in CWP No. 2255/2012.