SUNITA DEVI Vs. HIMACHAL PRADESH STAFF SELECTION COMMISSION

JUDGEMENT

(1.) Since common prayers have been made in these writ petitions, we deem it appropriate to dispose of all these writ petitions by this common judgment.

(2.) Pursuant to the requisition received from Director Ayurveda, Himachal Pradesh for filling up of 66 posts of Ayurvedic Whether reporters of the local papers may be allowed to see the judgment? Pharmacists (on contract basis), which have been reserved for the Wards of Ex-servicemen i.e. General (W.Exsm); OBC (W.Exsm); SC (W.Exsm) and ST (W.Exsm), petitioners have submitted their applications, as per the Notification issued by the respondent- Selection Commission. The petitioners claimed for consideration of their candidature under different categories of Ex.Servicemen and they have submitted the certificates of Ward of Ex-servicemen on the Format, which is prescribed for the said purpose issued by the Competent Authority, namely, Deputy Director, Zila Sanik Welfare Officer and they were required to submit their certificates as per Annexure-A, duly issued by Patwari/Pradhan Gram Panchayat/President of NAC/ Executive Officer of MC etc. with the further counter-signature of Tehsildar/SDO (Civil) of the area supported by Annexure-B in affidavits made by the deponent- petitioners while submitting their applications. The respondent Selection Commission has processed their applications, allowed them to appear in the written test and interview. However, at the time of evaluation, the candidature of the petitioners have been rejected vide impugned Notice(s) on the ground that certificate of Ward of Ex-serviceman was not issued in a prescribed Format for fulfilling the requirement for grant of reservation to the ward of Ex-serviceman.

(3.) Learned counsel for the petitioner(s) submit that petitioner(s) belong to different categories under Ex-servicemen quota and for consideration of the said posts, they should not suffer for the purpose of selection. They are/were not aware about the Format prescribed by the respondent, however, they have made an application to the Competent Authority i.e. Deputy Director, Zila Sanik Welfare Officer qua issuance of an appropriate certificate and considering their request and by satisfying himself for their eligibility, the Authority has issued a certificate, which has been submitted to the respondents. As per Notification the said certificate is duly issued by Patwari/Pradhan Gram Panchayat/President of NAC/ Executive Officer of MC etc. with the further counter-signature of Tehsildar/SDO (Civil), along with the affidavits sworn in by the petitioners. Hence the impugned action of the respondents is arbitrary and accordingly, Notice(s) rejecting the candidature of the petitioners is liable to be set aside.