IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 7294 of 2010 Date of Decision : April 28, 2011 Kalu Ram Petitioner Versus State of H.P. and others Respondents Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. Abhyendra Gupta, Advocate. For the respondents : Mr. Ram Murti Bisht, Deputy Advocate General with Mr. Vinod Thakur, Dy. A.G. Justice Sanjay Karol, J. (Oral) There is no dispute that petitioner is engaged with the respondents as Mason since the year 1998. After completion of eight years of service, the concerned department recommended his case for regularization to the post of Mason after relaxing the eligibility condition, with regard to educational qualification, as prescribed under the Himachal Pradesh Department of Irrigation and Public Health work charged Mason (Class-III Non Gazetted) Recruitment and Promotion Rules, 1996. The Government rejected the proposal for regularization in terms of order dated 1.9.2009 (Annexure R-IV). Whether reports of Local Papers may be allowed to see the judgment? 2 2. Undisputedly no reasons for such rejection have been assigned. It is not that the Government does not have power for relaxing the Rules. Petitioner has been serving the respondents to their satisfaction over a considerable period of time. He is seeking regularization only to the post of a Mason where, perhaps experience is a greater qualification and matters more than educational qualification. It is for the respondent-State to consider the petitioner’s case based on merit and attending circumstances but however the decision has to be informed by reason which in the instant case is lacking. 3. Consequently there is a direction to the respondent-State to reconsider the petitioner’s case for relaxing the condition with regard to the educational qualification. Needful shall be positively done within a period of three months from the date of receipt of certified copy of the judgment. All consequential actions, if any, shall also be taken within the aforesaid period. 4. Petition stands disposed of so also the pending application(s), if any. (Sanjay Karol), Judge. April 28, 2011 (PK)