IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP(T) No. 7429 of 2008 Date of decision: 08.03.2011 ________________________________________________________________ Dr. Raxpaul Singh & another. .....Petitioners. Versus Choudhary Shrawan Kumar, H.P. Krishan Vishav Vidyalya. .....Respondents. Coram The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? No. ________________________________________________________________ For the petitioners: None for the petitioners, though served. For the respondents: Mr. Lokinder Thakur, Advocate, for respondents No. 1 & 2. Mr. J.S. Guleria, Asstt. AG, for respondent No. 3. V.K. Sharma, J. (Oral). None appears for the petitioners, though duly served for today. 2. The petition has been filed on the following prayers vide para 7(i) and (ii): “7(i) That the respondents be directed to implement the Reservation Policy for Scheduled castes candidates in accordance with the provisions of Constitution. Instructions of the Govt. of India and HP State Govt. on Reservation Policy vis-a-vis schedule castes candidates, judgment of the Apex Court cited in sub para vi of para 6 above. (ii) That the entire records of all the advertisements issued during the years 1998, 1999, 2000 and 2001, inviting applications for selection and appointments to fill up the posts in various discipline and faculties of the University, record of selection and appointments made during the above said four years with specified number and names of scheduled castes candidates, selected and appointed be asked for the scrutiny of the Hon'ble Tribunal.” 1 Whether reporters of Local Papers may be allowed to see the judgment? No. ...2... 3. In reply, the respondents have taken the following stand vide paras 7 and 8 of the supplementary reply/additional affidavit: “7. That the present cadre strength of Assistant Professors is of 223 posts out of which 105 are filled on regular basis and five are filled on contract basis through Selection procedure. Out of remaining 113 vacant post, 10 posts are filled on ad hoc basis and two on contract basis as a stop gap arrangement till these posts are filled as per selection procedure. Out of 115 appointments as per Selection procedure, 28 were filled before the implementation of roster in 1996 and remaining 87 were filled after the implementation of roster out of which five candidates of general category have left and as such the present existing strength of assistant Professors is of 110. accordingly roster was applied on these 87 posts which is at Annexure R-V. 8. That the “Reservation Policy Cell” of the university, vide item No. 4 of the action taken further decided as under: “since it has been decided to provide overall reservation at one time on each occasion, the department wise roster register need not require to be maintained (Annexure R-III)” As such reservation in the university is given in a cadre of Assistant Professors as a whole and not department wise.” 4. Rejoinder, refuting the above stand on behalf of respondents and reiterating the averments set up in the petition, has been filed. 5. In view of the above reply, in case the petitioners still have any surviving grievance with regard to the factual and legal position, they may certainly point out the same before the first respondent by way of appropriate representation alongwith copy of this judgment within one month from today, who shall consider the same and take a final decision in the matter in accordance with law within next three months after affording an opportunity of being heard to the petitioner, if so desired. ...3... 6. In view of the above, the petition stands disposed of, so also pending CMP(s), if any. Copy dasti. (V.K. Sharma) Judge 8th March, 2011 (virender)