1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 3753 of 2010 Decided on: 30th November, 2010. Chaman Lal & others ...Petitioners. Versus State of H.P. & others …Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the petitioner : Mr. R.S. Chandel, Advocate. For the respondents : Mr. R.K. Bawa, Advocate General, with Mr. J.K. Verma, Deputy Advocate General for respondents No. 1 & 2. Mr. B.C. Negi, Advocate, for respondent No. 11. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. ( Oral ) The writ petition has been filed with the following prayers: “i) That the whole selection process for filling up the posts of Constables for Shimla District may be declared ultra vires the Constitution and be quashed and set aside; ii) That the selection of the respondents No. 3 to 15 may be quashed and set aside; Iii) That the respondents No. 1 & 2 may be directed to re- do the selection for the posts of Constables in Shimla District in a just and fair manner by only resorting to the methods permissible under the Constitution; 2. In reply at paragraphs 10, 11, 12, 13, 14 & 15, it is stated as follows: “10. Not admitted as 40 marks were fixed for written test, 25 marks for out-door/physical efficiency tests, 20 marks for viva-voca and 5 marks for extra curricular activities. The names of the respondents No. 3 to 15 sponsored by the Regional Employment Exchange Shimla and Sub-Employment Exchange Jubbal 2 for the interview/tests, for the post of Constable in this Distt. And they were interviewed accordingly. (11) First part of the sub-para is admitted. As regards the remaining part of this para, it is correct that 20 marks were prescribed for viva-voce as per rules. 589 candidates of Shimla, Suni and Theog Sub- Employment Exchanges were interviewed on 22.5.1996 and the marks were awarded to them by the selection committee as per their performance. Pertaining to claim of IRDP category, it is clarified that there are no extra marks for the candidates belonging to IRDP category. However, the merit list for various categories were prepared separately and the petitioner No. 1 was placed in the IRDP category but did not come in the merit. (12) Admitted. It is submitted that this process took long time to prepare the merit list of the candidates as there were 1404 qualified candidates. Besides, the Chairman of the selection committee met with an accident on 7.6.96 and remained on leave upto 24.6.96, which delayed the declarative of result. It is, correct that the respondents No. 3 to 15 do not belong to Distt. Shimla but they were registered in the Regional Employment Exchange Shimla/Sub Employment Exchange Jubbal and their names had been sponsored by these employment exchanges accordingly. Being sponsored by the employment exchanges, they were entertained during the recruitment and finally were selected on merit basis. (13) Not admitted. Only 589 candidates were interviewed on 22.5.96 and marks were awarded to them as per their performance, out of 20 marks prescribed for vive-voce. (14) Not admitted. It is submitted that Shri Anant Ram Pathania, Dy. S.P. was not member of the selection committee. However, his son namely Bhagat Singh has been selected only on the merit basis. As regard Shri Pankaj Kumar, S/O Sh. Subhash Chand/ R/O Junga Distt. Shimla, has name was sponsored by the Regional 3 Employment Exchange Shimla and he was called for the interview, and finally selected on merit basis. (15) Not admitted. From Rampur Sub-Employment exchange only 22 male candidates were selected out of 201 qualified male candidates and 22 female candidates were selected out of 22 qualified female candidates. From Sub-Employment Exchange Rohru, 18 male candidates were selected out of 77 qualified male candidates and 5 female candidates were selected out of 5 qualified female candidates. From Sub-Employment Exchange Chopal, 14 male candidates were selected out of 88 qualified male candidates and 6 female candidates were selected out of 15 qualified female candidates. From Sub-Employment Exchange Theog, 9 male candidates were selected out of 236 qualified candidates and 9 female candidates were selected out of 25 qualified female candidates. From Sub-Employment Exchange Jubbal, 12 male candidates were selected out of 36 qualified candidates and 5 female candidates were selected out of 5 qualified female candidates. The selections were made purely on merit basis.” 3. In view of the stand thus taken in the reply, in case the petitioners have still any grievance left, it will be open for them to approach the first respondent, in which case the matter will be duly considered by the first respondent. 4. The writ petition is disposed of, so also the pending application(s), if any. Copy dasti. (Justice Kurian Joseph), Chief Justice. November 30th, 2010. (Justice V.K. Ahuja), (hl) Judge.