IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1224 of 2009. Date of decision: May 12, 2010 ________________________________________________________ Tota Ram ….. Petitioner Versus State of H.P & ors. ….. Respondents Coram: The Hon’ble Mr.Justice Kurian Joseph, Chief Justice The Hon’ble Mr.Justice Deepak Gupta, Judge For the petitioner: Mr.Sunil Mohan Goel, Advocate. For the respondents: Mr.R.K.Sharma, Senior Additional Advocate General for respondents No.1 to 3. Mr.Lalit Sharma, counsel for respondent No.4. _____________________________________________________ Justice Kurian Joseph, C.J.(Oral) This writ petition has been filed with the following prayers:- “(i) That this Hon’ble Court may be pleased to issue a writ of certiorari and may be pleased to quash the appointment of respondent No.4 to the post of Civil/Armed Non-Gazetted Police Officer Grade-I and II of the Police Service of the 2 Government of Himachal Pradesh, i.e., certificate of appointment dated 2.8.2008 Annexure P-6. (ii) This Hon’ble Court may kindly be pleased to issue a writ of mandamus to respondent No.2 directing the said respondent to offer appointment to the petitioner to the post of Constable in District Mandi in place of respondent No.4 from the date the said post was offered to respondent No.4, with all consequential benefits.” 2. Para 9 of the reply filed by respondents no.1 to 3 reads as follows:- “9……….”The recruitment in Mandi District was done by a Board headed by the Deputy Inspector General of Police, Central Range, Mandi. The appointment of the selected candidates of Mandi District was to be made by the Commandant, 1st India Reserve Battalion. One candidate namely Shri Arun Kumar s/o Gopal Chand who belongs to scheduled caste category was selected against the vacancy of general category on merit basis but during verification of character and antecedents it was found that said Shri Arun Kumar was facing trial in a criminal case and therefore, as per the Rule the offer of appointment in his case was to be held in abeyance for up to a period of two years or until he is cleared during investigation or 3 trial whichever is earlier and the post was to be filled from the waiting list. It is further submitted that though said Shri Arun Kumar belonged to scheduled caste category however, he was selected against the unreserved post on the basis of his merit. Therefore, in his place the candidate of unreserved category was to be recommended for appointment as Constable by the respondent No.3. However, due to mistake of fact the name of respondent No.4 whose name figured at Sr.No.1 in the category of scheduled caste (unreserved) was recommended. The respondent No.4 was not eligible to be appointed against the said post. When the matter came to notice it was decided by the authorities that his services should be terminated. Accordingly, a notice was issued by the Commandant 1st India Reserve Battalion to respondent No.4 to this effect.” 3. Thus, the factual position is that the 4th respondent has been selected on account of a mistake committed by respondents No.1 to 3. That mistake they sought to correct on taking appropriate steps by issuing notice to the 4th respondent. Since Arun Kumar was not selected against the slot available to the Scheduled Castes community but as a general merit candidate, in case he vacated or in case there is a vacancy on account of non-joining of the duty, benefit of that slot will go only to an open merit candidate and not to a 4 Scheduled Castes candidate. There will be a direction to the respondents No.1 to 3 to finalize the steps, if not already finalized, within two weeks from today and rectify the mistakes and appoint the appropriate candidate against the slot vacated by Shri Arun Kumar. 4. However, we make it clear that in case there are vacancies available so as to accommodate the 4th respondent against the reserved category of Scheduled Castes, necessary steps in that regard shall also be taken. The writ petition stands disposed of. Copy dasti. (Justice Kurian Joseph), Chief Justice May 12, 2010 (Justice Deepak Gupta), (m/tm) Judge