1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 4431 of 2008 Date of decision: 16.8.2010 Mahesh Chand ….. Petitioner. Vs. State of H.P. and Ors. …. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : Mr. Dhruv Shaunik, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. Advocate General, for respondents No.1 and 2. Mr. D.K. Khanna, Advocate, for respondent No.3. Ms. Madhu Sharma, vice Mr. Ashwani K. Sharma, Advocate, for respondent No.4. Justice Kurian Joseph, C.J. (Oral) A challenge in the writ petition is to the appointment of respondent No.4 as District Youth Welfare and Sports Officer. It is seen from the reply furnished by the H.P. Public Service Commission that the private respondent also possessed the requisite qualification, as per R & P rules. At para 6(7 & 8) of the reply, it is stated as follows:- “In addition to the preliminary submissions above, the selection was made on the basis of candidate’s performance before the interview Board. While assessing the merit and suitability of the candidates due consideration was also given to their academic record and other achievements. The selection is made on an overall assessment of merit based on achievements and experience in the field or sport, 2 personality, general, articulation and professional knowledge. On the basis of his merit so assessed the applicant could not be selected”. 3. The 4th respondent had also filed separate reply wherein it is stated that he was having better qualification to that of petitioner, and it is the petitioner who did not possess the requisite qualification at the relevant time. It is seen that the petitioner had also participated in the selection process. Since it is found from the record that 4th respondent possessed the requisite qualification, and he was selected on the basis of his merit in the interview, we do not find any merit in the petition, which is accordingly dismissed. ( Kurian Joseph), Chief Justice ( Kuldip Singh) Judge August 16, 2010 (sks/pankaj)