IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 6081 of 2008. Decided on: August 16, 2010. Ashok Pathak. …..Petitioner. Versus State of H.P. & ors. ….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the petitioner: None. For the Respondents: Mr. R.K.Sharma, Sr. Addl. AG. for respondents No. 1 & 2. Mr. D.K. Khanna, Advocate, for respondent No. 4. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The Petition is filed with the following prayers: “ (a) Quash the impugned action/order of the respondents whereby they have selected the respondent No. 3 for the post of Head of Departments (Instrumentation Engineering) being issued arbitrarily, malafidely and illegally by the respondents; (b) Direct the respondent No. 1 to 2 and 4 to remove the ambiguity in the clause 7 of the HP Technical Education, vocational & Industrial Training Department, Head of Department (Instrumentation Engineering) Class-1 Gazetted) Recruitment and Promotion Rules, 1997 by clarifying and specifying therein that the Master’s Degree in Instrumentation Engineering/Technology so possessed/obtained by the incumbent should have been acquired only after Bachelor’s Degree in Instrumentation Engineering/Technology and not from any other Discipline.” 2 2. In the reply furnished by the Commission, it is stated at paragraph 2 and 3 of the preliminary objections as follows: “2. The said post was advertised twice by the Commission firstly in December, 1998 and then April, 1999 but the applicant never preferred his claim for promotion or appointment on the said post and it was only after the recommendation of the Commission that he filed this O.A. 3. The applicant has no claim for the said post as he neither fulfills the essential qualifications required for promotion nor he fulfils the essential qualifications required for direct recruitment on this post.” 3. In view of the reply as above, the writ petition is dismissed, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. August 16, 2010. ( Justice Kuldip Singh) (karan/vs) Judge.