KEWAL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioners, who are serving Home Guards personnel, participated in the process for recruitment to the post of Constable in the Police Department held during the year 2010 against 15% quota meant for their category. The requisite advertisement, Annexure P -1, was issued vide recruitment notice dated 6.1.2010. The last date for submission of applications was 28.2.2010. Recruitment notice, Annexure P -1, provided inter alia as under: -

(2.) INDISPUTABLY the petitioners belong to Gaddi Scheduled Tribe of Bharmour, District Chamba (H.P.). Accordingly, while submitting application forms (format Annexure P -2), they disclosed their status as such and paid processing fee of Rs. 25/ - each as was applicable to that category. However, it was construed that they were competing against Scheduled Tribe category. It being so, both the petitioners, Sh. Kewal Singh and Sh. Manoj Kumar, S/o Sh. Ghinu Ram, who figure at Sr. Nos. 1 and 3 of Select List, Annexure P -5 against the category of S.T./H.H.G. and had secured 64.50 and 63.33 marks, respectively, were left out and strangely enough private respondents No. 7, Sh. Surinder and 8, Sh. Manoj Kumar S/o Sh. Prem Singh who are at Sr. Nos. 6 and 7 of the Select List, Annexure P -5 against the category of H.H.G. general and were scoring lesser marks, that is, 62.33 and 60.67, respectively, were given appointment over and above the petitioners, who definitely were more meritorious, ostensibly for the reason that since they had paid processing fee of Rs. 100/ -, they were treated as general candidates.

(3.) IN reply, respondents No. 1 to 6 have taken the following stand vide paras 10 and 11: -