Raksha Sharma vs State Of H.P And Others

Ajay Mohan Goel, J

By way of this writ petition, the petitioner has prayed for the following substantive reliefs:-

(i) That the respondent No. 3 Commission may kindly be directed to offer appointment to the petitioner as Radiologist being fully eligible and being figured at Sr. No. 20 in the waiting list.

(ii) That the respondents may very kindly be directed to consider the case of the petitioner for appointment as Radiologist in view of the judgment passed in CWP No. 3317 of 2019 decided by this Hon'ble Court on 12.11.2020 in the interest of justice."

When this case was listed in the Court on 12.07.2021, the Court passed the following order:-

"Heard for some time. Before the matter is heard any further, learned Counsel for the respondent-Commission shall provide to the Court the list of candidates in the order of their respective merit whose names have been recommended by the Commission for appointment as well the list of waiting list candidates in the order of their merit pertaining to the open category candidates only.

List for continuation on 15.07.2021."

Thereafter, on 15.07.2021, the following order was passed by the Court:-

"In terms of the previous order, learned counsel for respondent No.3 has produced before the Court, the revised merit list of recommended candidates by the Commission, for appointment against the post of Radiographer, perusal thereof demonstrates that the name of the petitioner does not finds mention in the list of recommended candidates, for the reason that the last recommended candidate under the General Category, namely Shri Vikrant, has scored 49.62 marks, whereas the marks scored by the petitioner are 48.35 and his name is there in the waiting list.

At this stage, learned counsel for the petitioner submits that the matter be taken up after two weeks to enable him to have instructions.

As prayed for, list after two weeks."

Today, Mr. Vinod Chahan, learned Counsel for the petitioner, on instructions, submits that the interest of justice will be served, in case, a direction is issued to the respondents that in terms of his merit position, the petitioner be considered for appointment from amongst the waiting list, if vacancy does become available, during the life of the waiting list.

Ms. Suchitra Sen, learned Counsel for the respondent-Commission submits that the case of the petitioner in terms of her position in the merit list, will be considered, in accordance with law. Her statement is taken on record.

In view of this position, this petition is disposed of with the direction to the respondents to consider the petitioner for appointment amongst the waiting list candidates, if vacancy becomes available, during the life of the wailing list, in accordance with law.

The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.