MANTHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has filed the writ petition under Article 226 of the Constitution of India, seeking the following relief(s):

(2.) Learned counsel for the petitioner has submitted that the petitioner is a 'Bonafide Himachali' and had applied for the post of Constable in pursuance to the Recruitment Notice, dtd. 10/2/2021, issued by the respondents. Petitioner had appeared in the written examination on 3/7/2022 and had qualified the same. The height of the petitioner was 5'11", whereas, the respondents had wrongly treated the same as 5'10". Petitioner had participated in three NSS Camps, i.e. for the period from 19/7/2011 to 25/7/2011, 23/6/2012 to 26/6/2012 and 22/6/2013 to 28/6/2013. Hence, in terms of the Recruitment Notice, the petitioner was entitled to be granted three marks in the category of NSS, whereas, he has been accorded only two marks. Petitioner was having NCC (A) Certificate and for that the petitioner has been rightly granted one mark.

(3.) Learned Senior Additional Advocate General, on the other hand, has opposed the petition and has submitted that so far as the height of the petitioner is concerned, as per the report of the Medical Board, constituted in terms of the order passed by this Court on 13/12/2022, it was in between 5'10" to 5'11". Hence, the petitioner has rightly been granted two marks, vis vis, his height. So far as the Certificate Annexure P-6 showing that the petitioner had participated in NSS Camp w.e.f. 19/7/2011 to 25/7/2011 is concerned, the same cannot be taken in consideration as the petitioner had attended the NSS Special Camp within the period of three months of his admission. The NSS Certificate for the year 2011 had been issued in favour of petitioner due to inadvertence.