STATE OF HIMACHAL PRADESH Vs. RUCHY SHARMA

JUDGEMENT

(1.) The instant Letters Patent Appeal is directed against the judgment dated 22nd Oct., 2014, passed by learned Single Judge in CWP No.7229 of 2010, whereby the petition having been filed by the respondent-petitioner (for short petitioner) came to be allowed.

(2.) Briefly stated facts, as emerged from the record are that on the requisition having been made by the respondent department of Education, H.P. Public Service Commission (for short 'Commission') issued advertisement No. X/2007 (Annexure P-4) for filling up 90 posts of Lecturers (College Cadre) in Commerce, wherein two posts were reserved for persons with disability in orthopaedical. However, fact remains that against aforesaid two posts reserved for orthopaedical, only one candidate was selected and accordingly he was appointed against one post reserved for ortho. Since, one post reserved for ortho handicapped remained unfilled, Commission again issued advertisement No. X/2008 in the year, 2008.

(3.) Perusal of aforesaid advertisement (Annexure P-5) suggests that post of Lecturer in Commerce reserved for ortho handicapped was a regular post in the pay scale of Rs.8000-13500.00 and the petitioner being fully eligible and qualified, applied for the post in question within the stipulated period. Perusal of Annexure P-6, placed on record by the petitioner suggests that the Commission issued her call letter to appear in the interview on 30th July, 2009 for the post of Lecturer (College cadre) in Commerce in the pay scale of Rs. 8000-13500.00 reserved for physically handicapped persons being backlog post. Vide press note (Annexure P-7) issued by the respondent-Commission, two candidates including the petitioner were declared successful and recommended for appointment to the post of Lecturer (College Cadre) in Commerce on regular basis against the post reserved for physically handicapped persons. Since, the petitioner had applied for the post of Lecturer (College Cadre) in Commerce against the post reserved for physically handicapped person in ortho, she became entitled to be considered for appointment as Lecturer on regular basis after having been recommended for appointment by the respondent commission.