IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 3192 of 2008. Decided on: 13.07.2010. Bhupesh Mohan Marol. …Petitioner. -Versus- State of Himachal Pradesh and others. …Respondent. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner. : Mr. D.P. Gupta, Advocate vice Mr. K.D. Shreedhar, Advocate. For respondent No. 1. : Mr. R.K. Bawa, Advocate General with Mr. Vikas Rathore, Deputy Advocate General and Mr. R.P. Singh, Assistant Advocate General. None for respondents No. 2 and 3. Respondent No. 4, exparte. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): Petitioner’s candidature was considered for the post of H.P.F.S.-II by the D.P.C. in its meeting held on 8.5.1996 in the H.P. Public Service Commission against S.C. Category (Vacancy). However, the D.P.C. has not found him suitable and the persons junior to him in the same category have obtained higher marks in the D.P.C. The Court cannot sit in appeal over the recommendations made by the D.P.C. unless and until the committee has not been constituted in accordance with law and specific malafides has been alleged against any member of the committee. This is not the situation in the instant case. Since the 1 Whether the reporters of the local papers may be allowed to see the judgment?. No. suitability of the petitioner has been adjudged by a duly constituted Departmental Promotion Committee, there is no merit in this petition and the same is dismissed. No costs. (Rajiv Sharma) Judge July 13, 2010. (bhupender)