PRAVEEN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) SINCE common questions of law and facts are involved in both the petitions, the same were taken up together and are being disposed of by a common judgment.

(2.) RESPONDENT -State has issued an advertisement on 23.9.2011 whereby applications were invited for filling up 212 posts of Head Masters (School Cadre) Class -II (Non -Gazetted). Petitioner also submitted an application for considering his candidature. Written test was held on 7.2.2012. Petitioner was called for interview for 17.4.2012. However, fact of the matter is that petitioner was not interviewed on the ground that he did not fulfill minimum educational qualification. He approached the Court by way of present petition. According to the petitioner, he was fully eligible and qualified since he possesses M.Ed. qualification. Petitioner was permitted to be interviewed provisionally for the post of Head Master on 12.6.2012. On 27.7.2012, H.P. Public Service Commission was directed to declare the result of all the candidates, including petitioner. Since petitioner was declared successful, H.P. Public Service Commission was directed to recommend the name of the petitioner for appointment, subject to the outcome of writ petition. However, before issuing actual orders of appointment, respondent Nos. 1 and 2 were directed to seek permission of the Court. On 19.9.2012, the Court clarified previous order dated 27.7.2012 to the effect that it would be open to the Government to make appointments, making it subject to the result of the writ petition. In view of interim orders passed by the Court, petitioner was issued appointment letter on 19.10.2013 (Annexure R -I).

(3.) PETITIONER also submitted an application for considering his candidature for the post in question. He qualified the written test. He was interviewed on 9.4.2012. Petitioner has secured 56 marks and respondent No. 5 Praveen Kumar has secured 60 marks as per the result declared by the H.P. Public Service Commission.