High CourtsSingle Bench(2021) 07 SHI CK 0127

Avinash Negi vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 13 July 2021

HON’BLE JUDGES
Sandeep Sharma, J
RESULT
Disposed Of
CASE NUMBER
CWPOA No. 4370 Of 2019

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Judgment

19 paragraphs · 323 words

Sandeep Sharma, J

1.

Mr. Dilip Sharma, learned senior counsel, appearing for respondent No. 8 states on instructions that respondent No. 8 does not intend to lay any

challenge to the termination order passed by the respondent-Department. He further states that since services of respondent No. 8 stand terminated,

relief as prayed for in the instant petition can be extended to the petitioner.

2.

By way of present writ petition, petitioner has laid challenge to appointment of respondent No. 8 as Director of the Atal Bihari Vajpayee Institute of

Mountaineering and Allied Sports, Manali. It is also not in dispute that pursuant to advertisement issued by the respondents for selection to the post of

Director of the aforesaid Institute, petitioner alongwith respondent No. 8 had also applied. Though, three persons including petitioner and respondent

No. 8, had applied for the post, but since two persons i.e. petitioner and respondent No. 8 were eligible, they were interviewed by the Public Service

Commission.

3.

Now, since the services of respondent No. 8 stand terminated, petitioner being the other eligible candidate can be appointed against the post in

question.

4.

Consequently, in view of above, present writ petition is disposed of with a direction to the respondent-State/Commission to consider the claim of the

petitioner being the only other eligible candidate, against the post in question. Since the selection process for filling up the post in question was initiated

in the year 2018 and already three years have elapsed, respondents are expected to consider the case of petitioner for selection/appointment to the

post of Director, Atal Bihari Vajpaee Institute of Mountaineering and Allied Sports, Manali, being the next eligible person, after respondent No.8, if he

is otherwise found suitable for the assignment. Respondent(s) concerned, is directed conclude the entire process of selection expeditiously, preferably

within two weeks.

Petition stands disposed of in the aforesaid terms, alongwith all pending applications. Interim directions, if any, stand vacated.

Copy dasti.