Om Prakash vs State of H.P. and Others

Kurian Joseph, C.J.—The Respondent No. 4 in the writ petition has come up in appeal. The issue pertains to the selection and appointment to the post of Junior Engineer on contract basis. The qualification prescribed was not less than 50% marks in Diploma/Degree in Civil Engineering. The Appellant herein had only 49.72% marks. In that view of the matter, the writ petition was allowed and the appointment of Respondent No. 4 was set aside. Inviting reference to Annexure A2, it is submitted that in the Administrative Department, namely, Panchayati Raj, 49.5% and above is rounded off to 50%. It is also pointed out that the writ Petitioner himself has secured employment somewhere else and he may not be any more interested in pursuing the litigation. Still further, it is pointed out that even if the Appellant is ousted, the writ Petitioner may not be the person to get the employment. Be that as it may. We make it clear that in case 1st Respondent, Administrative Department, follows Annexure A2 of rounding off to 50%, the same shall be applicable to the Appellant herein also. To that extent, the judgment of the Learned single Judge shall stand set aside and it will be open to 1st Respondent, Administrative Department, to pass fresh orders in the case of the Appellant. The needful, as above, will be done within a period of two weeks from the date of production of a copy of this judgment by the Appellant before 1st respondent.

With the above observations, the appeal stands disposed of, so also the pending application(s), if any.