Hem Kiran Sharma vs Himachal Pradesh Subordinate Service Selection Board Hamirpur

Justice Kurian Joseph, C.J.—The petitioner has approached this Court with certain grievances with regard to the selection to the post of Clerk, as advertised as per Annexure P-1. The following are the prayers:

(i) For directing the respondents to interview the petitioner for the post of Clerk as advertised vide Annexure P-1 and to take the result thereof to its all logical conclusions along with all consequential benefits.

(ii) For giving the petitioner seniority as Clerk in accordance with his merit in the result of the selection process undertaken vide Annexure P-1 and w.e.f. the date assigned to other candidates selected as Clerks under annexure P-1 along with all consequential benefits.

(iii) For giving appointment to the petitioner as Clerk in the Department of his choice in accordance with his merit in the result of the selection process undertaken vide Annexure P-1 along with all consequential benefit.

It was the case of the Selection Board that the petitioner was not permitted to participate in the interview on the ground that he had failed in the typing test. But it has come out that the petitioner had actually passed in the typing test. There was direction to provisionally interview the petitioner. The Selection Board has made available the result in a sealed cover. It is seen that the petitioner has scored fairly good marks and he falls in the list of selected candidates. In the above circumstances, this writ petition is allowed as follows:

(i) That petitioner shall be included in the select list commensurate to his performance in the selection process.

(ii) He shall also be accorded seniority accordingly.

(iii) In accordance with his placement, as above, in the select list, he shall also be given choice, as per his rank in the selection for the Department.

The needful shall be done within two weeks from the date of production of a copy of this judgment before the competent authority. The writ petition is disposed of, so also the pending applications, if any.