IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No. 4065 of 2008 Date of decision: 20.12.2010. Sunil Kumar & Anr. … Petitioners. Versus HP Public Service Commission & Ors. …Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1. No. ________________________________________________________________ For the petitioners: Mr. Ajay Sharma, Advocate. For the respondents No. 1: Mr. D.K. Khanna, Advocate. For the respondents 2 & 3: Mr. Rajesh Mandhotra, Dy. AG. Deepak Gupta, J. (oral) 1. The dispute involved in this case is squarely covered by the judgment delivered by a learned single judge of this Court in CWP(T) No. 4402 of 2008 (OA No. 1130/97), titled as Gian Chand Vs. State of H.P. & Ors. 2. The only issue involved in this case is whether a person having 4 ½ years diploma after 1983 is eligible to be appointed as Homoeopathic Doctor. This court in the aforesaid judgment held as follows:- “8.The letter dated 15.7.1996 nowhere indicates that relaxation was given by the State government by following the procedure prescribed in rule-18. The relaxation was to be given in consultation with the H.P. Public Service Commission, but neither in letter dated 1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes. 15.7.1996 there is an indication that rule-7 has been relaxed by the State Government in consultation with the H.P. Public Service Commission nor there is any other material on record to indicate that rule-7 was relaxed by the State Government in consultation with the H.P. Public Service Commission. In any case, the relaxation given by the State Government was one time relaxation for only those candidates who had done diploma course in Homeopathy up to 1983 when the regulations framed under the Act had come into force. The relaxation mentioned in Annexure A-4 was one time relaxation and was applicable to such Homeopathic Doctors who were holding diplomas up to the year 1983 when regulation under the Act came into force and four years diploma course in Homeopathy up to 1983 was recognized equivalent to degree by Government of India. The petitioner has done diploma in Homoeopathic Medicine and Surgery in the examination held in December/ January 1989 vide Annexure A-1 and, therefore, relaxation given by the State Government while advertising posts vide Annexure A-4 is not available to the petitioner. 9. The relaxation is to be considered by the State Government in a given case and essential qualifications cannot be relaxed for all times to come. The petitioner has not made out any case that as of today he is entitled to relaxation of rule-7 for consideration of his case for appointment to the post of Homeopathic Doctor (Class-II Gazetted) in the department of Indian System of Medicine and Homeopathy, Himachal Pradesh.” 3. The matter is squarely covered by the said judgment and is disposed of in terms of the aforesaid judgment. No costs. ( Deepak Gupta ) Judge. 20th December, 2010 (guleria)