IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 786 of 2010 Date of decision: 21.6.2010 Sanjay Kumar ….. Petitioner. Vs. State of H.P. and others …. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : Mr. R.L.Chaudhary, Advocate. For the Respondents : Mr. R.K.Sharma, Sr. Additional Advocate General, for respondents No. 1 to 3. Justice Kurian Joseph, C.J. (Oral) The petitioner has prayed for following relief in the writ petition:- (i) That writ in the nature of certiorari may kindly be issued for quashing and setting aside the rejection letter dated 25th February, 2010 (Annexure P-10), whereby the candidature of the petitioner has been rejected after interview on 6.2.2010. (ii) That writ in the nature of mandamus may kindly be issued, directing the respondents No. 1 to 3 to give appointment to the petitioner to the post of T.G.T. (Medical) on contract basis, since he has qualified the written test and interview and he possesses similar qualification as that of respondent No. 4 to 7 who have already been appointed as T.C.T. (Medical) by the respondent department on regular basis. 2. We have already held that qualification is to be determined on the basis of the qualification prescribed at the time of commencement of the - 2 - selection process. It is not in dispute that as per the qualification as existed in the R&P Rules at the time of commencement of the selection process, the petitioner was qualified. The subject combination was prescribed only thereafter. The learned Senior Additional Advocate General submits that it was only a clarification but that clarification has in fact the effect of amending the qualification. Therefore, this court has held that in such cases the incumbent should be given the benefit of the qualification as it stood at the time of commencement of selection process. Therefore, the writ petition is disposed of with direction to the respondent to process the application of the petitioner and take further steps in the matter treating him as duly qualified. Copy dasti. (Justice Kurian Joseph), Chief Justice. June 21, 2010 (Justice Kuldip Singh), (Hem) Judge.