High CourtsDivision Bench(2011) 07 SHI CK 0239

Gopal Dass vs State of Himachal Pradesh and Others

High Court Of Himachal Pradesh · Decided on 20 July 2011

HON’BLE JUDGES
Kurian Joseph, C.J · V.K. Sharma, J
RESULT
Dismissed
CASE NUMBER
CWP (T) No. 14188 of 2008

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Judgment

6 paragraphs · 210 words

Kurian Joseph, C.J.—The writ petition has been filed with the following prayers:

(I) That the entire process for selection of Pump Operators be quashed and setaside.

(II) That the Applicant be appointed as a Pump Operator being meritorious candidate.

2.

In the reply at paragraph No. 6(i), it is stated as follows:

That the contents of this para are admitted being matter of record to the extent that the applicant has done his two years diploma and the remaining contents are wrong, hence denied. It is submitted that the recruitment to the post of Pump Operator on contract basis has been done strictly on the basis of R&P rules framed under Article 309 of the Constitution of India wherein it has clearly been laid down that 50% posts are to be filled up by direct recruitment or on contract basis and 50% by promotion. As such there is No. provision for 50; recruitment on batch wise seniority and 50% by direct recruitment in the R&P rules. Therefore the contention of the applicant is based on presumptions and surmises.

3.

It is seen that the Petitioner was less meritorious than the selected candidates. There is No. rejoinder. Therefore, the present writ petition is dismissed, so also the pending application(s), if any.