Sumeet Kumar vs Himachal Pradesh Staff Selection Commission

In this petition, petitioner lays challenge to the following interim order dated 15.3.2017, passed by the Ld. H.P. Administrative Tribunal, Shimla, in O.A. No.788 of 2017, titled as Sumeet Kumar vs. Himachal Pradesh Staff Selection Commission, Hamirpur:-

"Present: Mr. Yogesh Kumar Chandel, Advocate for the applicant.

Ms. Archana Dutt, Advocate for the respondent.

Heard. Notice.

Ms. Archana Dutt, learned Standing Counsel waives service of notice on behalf of the sole respondent.

Reply be filed within four weeks.

Prayer for interim relief cannot be considered at this stage as the interview for the post in question, is already over.

However, selection/ appointment to the post of Surveyor shall be subject to the final outcome of the original application.

List on 26.04.2017.

Copy Dasti."

Mr. Romesh Verma, learned Additional Advocate General states that process for filling up 110 posts of Surveyor, by way of direct recruitment, already stands initiated by the Commission, in fact almost completed, save and except that only result is to be declared and consequential action taken thereafter.

Keeping in view the interest of justice as also parties, we dispose of the present petition, with the follo wing directions:-

(i) As to whether petitioner is otherwise eligible for the post in question or not, we are of the considered view that at the first instance, such fact ought to and should be considered by the Tribunal. Ordered accordingly.

(ii) Parties shall appear before the Tribunal on 13.6.2017, when a date shall be fixed for hearing the petition on merit.

(iii) We request the Ld. Tribunal to expeditiously dispose of the main petition and preferably within a period of two months.

(iv) It shall be open for the respondents to declare the result of all candidates, save and except, that of the petitioner, whose result shall be kept in a sealed cover and make appointments, in accordance with law. However, it be clarified in the letters of appointment that appointment(s) made, if any, shall be subject to the outcome of the petition in the original application as also any subsequent proceedings initiated there upon.

(v) Needless to add, the Ld. Tribunal shall decide the issue uninfluenced of any observations made by this Court in our interim order reproduced supra.

Pending application(s), if any, also stand disposed of.

Copy Dasti.