SANJU Vs. STATE OF HP AND OTHERS

JUDGEMENT

(1.) By way of this appeal, the appellant has laid challenge to the judgment passed by learned Single Judge in CWP No. 3338 of 2010 dated 19.11.2010, titled as Narender Singh Vs. State of HP and others, vide which learned Single Judge while allowing the writ petition filed by present private respondent, set aside the appointment of appellant against the post of Constable under Scheduled Caste (IRDP) Category, primarily on the ground that on the date when the interview was conducted for the post of Constable, the selected candidate, i.e., present appellant was not in possession of a valid certificate reflecting that he belonged to IRDP family. The petitioner had challenged the appointment of present appellant against the post reserved for SC (IRDP), on the ground that the family of appellant stood excluded from IRDP on 18.2.2007 and his family had never objected to the said exclusion from the IRDP list and as such, present appellant had tempered certificate to reflect him as a candidate belonging to SC (IRDP), on the strength which he had procured appointment against the post in issue.

(2.) Before proceeding further, it is pertinent to mention that in the writ petition, appointment of two persons stood challenged i.e., Sanju and Sheetal Kumar. Learned Single Judge has set aside the appointment of Sanju, who is in appeal before us and therefore, we are not concerned with the candidature of other candidate i.e., Sheetal Kumar.

(3.) While allowing the petition, learned Single Judge taking into consideration the contents of para 5 to 7 of the reply filed by respondents No.1 to 3 held that it was evident from the stand of the said respondents that on the date when the interview was conducted, Sanju was not in possession of certificate reflecting that he belonged to family in the IRDP Category. Learned Single Judge also held that how and under what circumstances he was considered and appointed was not clarified in the reply save and except mention of the fact that photocopies of certificate were produced by the selected candidate which were also subject matter of departmental/criminal investigation. On these bases, it was held by learned Single Judge that it was obvious that on the date when Sanju appeared for the interview and was selected, he did not satisfy the essential criteria belonging to IRDP family. Accordingly, writ petition was disposed of by the learned Single Judge by passing the following order.