Om Parkash vs State Of Himachal Pradesh And Others

Tarlok Singh Chauhan, J

It appears that even though the petitioner appeared as a General Category candidate for the post of Pharmacist, yet he was appointed against the category of Scheduled Tribe (ST) candidate. Eventually, when this fact was discovered, the services of the petitioner were dispensed with, constraining him to file the instant petition for the following reliefs:-

"I. That the Respondents no.2 to 4 may be directed to submit an affidavit explaining their stand in respect of the Petitioner or/and

II. That Respondent no.2 may be directed to reinstate the Petitioner with back wages/salary alongwith consequential benefits; or/and

III. That Respondent No.1 may kindly be directed to hold an inquiry

against the erring officers; and /or

IV. The Respondent may kindly be imposed with heavy costs for playing with the professional life of the Petitioner; and/or

V. The Petitioner may kindly be appointed in place of Respondent no.5."

It is not in dispute that there was no concealment on the part of petitioner as he applied as General Category candidate, as is evident from para 4 of the reply given by respondent No.2 to the notice served by the petitioner (Annexure P-5), wherein it is averred as under:-

"Sh. Om Parkash appeared against the General Category in their interview but his appointment was subsequently shown to have been made against ST category in the appointment order inadvertently, which appointment as otherwise provisional and subject to the verification of Character & antecedents Educational Qualification and other certificates of candidates within six months. In case Character & antecedents/qualification and other certificates of candidate is found not verifies or false information is given by the candidate is his/her self declaration, the provisional appointment letter will be cancelled forthwith and other criminal legal action will also be taken, as a consequences. However, since the incumbent concerned had not factually been appointed against the category of ST in an interview & further had not furnished any such document of his having been belonged to the category of ST at the time of interview, he had also failed to produce such certificate of his having been belonged to ST category and having been come in the knowledge of such fact as also the inadvertent mistake made while issuing an appointment order, his services have rightly been terminated under office order dated 24.04.2019 by the Department. It is also denied the incumbent was transferred from CHC Sahoo Distt. Chamba to PHC Pukhri Distt. Chamba."

Nonetheless, the fact remains that the petitioner could not have been appointed against the ST category, when he admittedly belongs to the General Category and, therefore, has no right to continue with his employment.

Confronted with this, learned counsel for the petitioner states that the petitioner cannot be made to suffer for the fault of the respondents as it was after resignation from a prestigious institution that the petitioner joined the services of the respondents.

Since we have already held that the petitioner has no right to hold the post in question, therefore, it is always open to the petitioner to claim damages against the respondents in accordance with law.

The writ petition is disposed of accordingly with liberty as aforesaid. Pending miscellaneous application(s), if any, also stand disposed of.