IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 5878 of 2008. Decided on: 9th September, 2010. Babu Ram and others. ……Petitioners. -Versus- State of Himachal Pradesh and others. ……Respondents. Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioners : None. For respondent No. 1. : Mr. R.K. Sharma, Senior Additional Advocate General with Mr. J.K. Verma, Deputy Advocate General. For respondent No. 2. : Mr. Ramesh Kaundal, Advocate vice Mr. D.K. Khanna, Advocate. For respondents No. 8 and 9. : Mr. Y.P.S. Dhaulta, Advocate. None for other respondents. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral): The writ petition is filed with the following prayer: “ii) That selection of Respondents No. 3 to 9 to the posts of Lecturers (College Cadre) in the subject of commerce made pursuant to the interviews held from 20.4.99 to 23.4.99 may kindly be quashed and set aside being patently illegal, un-just and in violation of the mandate of the Constitution.” 2. Para-2 of the preliminary submissions of the reply filed on behalf of respondent No. 4 reads as follows: “2. The O.A. is also bad for nonjoinder and misjoinder of necessary parties. That the original application in the present form is not maintainable as the applicant cannot file joint original application. It is 2 further submitted that the selection of replying respondent has been made on the merits as he secured good marks in interview and further having good academic career and experience. Whereas the applicants secured less marks in interview hence they have no right of the selection which is based on merits, hence the O.A. is liable to be dismissed on the sole ground.” 3. In view of the stand taken in the reply, in case the petitioners still have any grievance, they may pursue the matter before the second respondent, in which case, the matter will be duly considered by the second respondent, with notice to all the parties. 4. The petition stands disposed of, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. 9th September, 2010. (bhupender/K. Attri)