NARESH SHARMA Vs. HP PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) HEARD counsel for the parties. As short question is involved, the petitions are taken up for final disposal forthwith, by consent. This common order will dispose of both the writ petitions, as overlapping contentions have been raised.

(2.) IT is not in dispute that the HP Public Service Commission issued advertisement No. V/2012 on 5th January, 2013. Admittedly, the advertisement does not mention the fact that one post of Block Development Officer for WFF (Ward of Freedom Fighter) category has been reserved. The last date for submitting applications pursuant to the said advertisement was fixed as 4th February, 2013 and all forms were to be submitted only on line. Much later thereafter, an addendum was issued by the HP Public Service Commission on 27th May, 2013 notifying that amongst the post already notified vide advertisement dated 5th January, 2013, one post of Block Development Officer pertains to the category of WFF.

(3.) THE question is whether it is open to the Public Service Commission to notify the reservation of one post for WFF category by way of addendum and that too after the last date of submission of the applications, pursuant to the advertisement No.V/2012. In our opinion, the answer is emphatic no, inasmuch as if the Public Service Commission had notified in the said advertisement No.V/2012 itself that one post was reserved for WFF category, the aspiring candidates covered under the said category would have submitted applications and participated in the selection process. The aspiring candidates belonging to the said category have been denied of that opportunity with regard to the public post. That cannot be countenanced. The stand of the Public Service Commission that the petitioners, who have applied for other (general) category pursuant to the advertisement No.V/2012 can be considered against the reserved post of WFF cannot be countenanced. That would be leaving out other aspiring candidates, who would have willingly applied if the post was notified to be reserved for WFF category. In the circumstances, the only option to meet the ends of justice is to quash the addendum dated 27th May, 2013 notifying one post of Block Development Officer as reserved for WFF category.