Anup Sharma and Another vs State of Himachal Pradesh and Others

Rajiv Sharma, J.—At the oral application of Mr. Ajay Mohan Goel, learned Counsel for the Petitioners, the Himachal Pradesh Public Service Commission through its Secretary is added as party Respondent. Registry is directed to carry out the necessary corrections in the memo of parties.

Mr. D.K. Khanna, Advocate waives service of notice on behalf of the newly added Respondent No. 5.

Petitioners have primarily assailed the notification dated 21.01.2011. Case of the Petitioners, in a nut-shell, is that the posts which have been occupied by the private Respondents, should have been advertised and filled up on the basis of seniority.

Respondent-State was directed to produce the record. The record has been produced and perused by the Court. The Court after going through the pleadings and the record, is of the considered view that in larger public interest the Respondent-State at least now should initiate the process for filling up the posts of Assistant Professor(s) in the speciality of O.B.G. in accordance with law. The Respondent-State has No. objection to the same.

Consequently, the present petition is disposed of with a direction to the Respondent-State to fill up two posts of Assistant Professor (s) in the speciality of O.B.G. within a period of twelve weeks from today. It is made clear that if the posts are to be filled up by way of promotion, in that eventuality, the case shall be sent by the State Government to the Himachal Pradesh Public Service Commission within a period of three weeks from today. In case the posts are to be filled up by way of direct recruitment, the newly added Respondent No. 5, i.e., Himachal Pradesh Public Service Commission, shall advertise the posts within a period of four weeks from today. The needful shall be done by the Respondent-State and newly added Respondent No. 5 within a period of three months from today. Till the process is completed, as indicated hereinabove, the private Respondents, in larger public interest, shall be permitted to hold the posts. The pending application(s), if any, also stands disposed of. No costs.