IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 3944 of 2011 Date of Decision:6th September, 2011 Mrs. Shalini Thakur Petitioner Versus H.P.Public Service Commission and others Respondents Coram The Hon’ble Mr. Justice Kurian Joseph,C.J. The Hon’ble Mr. Justice Sanjay Karol,J. For the appellant : Mr. Ajay Mohan Goel,Advocate For the respondents:Mr.D.K.Khanna, Advocate, for respondent No.1. Mr.R.K.Bawa, Advocate General, with Mr.Ankush D. Sood, Addl. A.G. for respondents No. 2 & 3. Sanjay Karol, J. (Oral) Petitioner has prayed for, inter alia, the following reliefs:- A. That this Hon’ble Court may kindly be pleased to direct respondent No.1 to place on record its decision or order vide which it has rejected the candidature of the petitioner for being considered for appointment against the post of Medical Officer (Dental) on contract basis as OBC category candidature in interview conducted on 26.5.2011 and quash the same by way of issuance of writ of certiorari. B. That this Hon’ble Court may kindly be pleased to issue a writ of mandamus directing respondent No.1 to re-hold the 2 interview of the petitioner for the post of Medical officer (Dental) OBC category and recommend her name thereafter to respondent No.2 if otherwise found fit for appointment on merit, with further direction to respondent No.2 to thereafter offer appointment to the petitioner. 2. Vide interim order dated 20.6.2011 petitioner was allowed to participate in the selection process to be conducted by respondent No.1- Commission for filling up the post of Medical Officer (Dental) Class-I Gazetted. Undisputedly petitioner is not the successful candidate and as such cannot be appointed to the post in question. To that extent no relief can be granted in favour of the petitioner. 3. Respondent No.1 had initially rejected her candidature for the reason that she was ineligible to be considered as an OBC candidate. However, Tehsildar, Bhoranj, in terms of affidavit dated 26.7.2011 has clarified that a valid OBC certificate No.10648/2010 dated 2.11.2010 was issued in favour of Smt. Shalini Thakur (petitioner herein) showing her lineage. Further, petitioner is also married into a family which belongs to Hazam Caste. Thus, in whichever way petitioner belongs to an OBC category. 4. In view of the position having been explained by the State, status of the petitioner as an OBC cannot be disputed. 3 5. With the aforesaid observations, the petition is disposed of so also the pending application, if any. 6. It shall be open for the authorities to complete the entire selection process for filling up the post in question, in accordance with law. Interim order stands vacated. Authenticated copy. (Justice Kurian Joseph) Chief Justice 6th September, 2011 (Justice Sanjay Karol) (C) Judge.