IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 6667 of 2011. Decided on: 28th September, 2011. Meenakshi. … Petitioner. Versus State of H.P. & others. … Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioner : Mr. Y.S. Thakur, Advocate, vice Mr. K.D. Shreedhar, Advocate. For the Respondents : Mr. Ankush Dass Sood, Addl. Advocate General, for respondents No.1 and 3. Mr. Ramesh Kaundal, Advocate, vice Mr. D.K. Khanna, Advocate, for respondent No.2. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers: “(i) The advertisement dated 3/2011, Annexure P-4 to the extent impugned may be held to be illegal and be quashed and set aside. (ii) The respondents be directed to fill up the post of Assistant Professor (OBG) from the candidates belonging to OBC category. (iii) The Himachal Public Service Commission, respondent No.2 may be restrained from taking any steps in furtherance of impugned advertisement for filling up the post of Assistant Professor (OBG) in Indira Gandhi Medical College, Shimla.” 2. On 25th August, 2011, this Court passed the following order in CMP No. 8229 of 2011, which reads as follows: 2 “Notice. The steps taken by the Government for creating College-wise cadre appears to have resulted in manifest injustice to the OBC category in the cadre of Assistant Professor in OBG since 1993. It is seen from the records that there is not even one OBC Assistant Professor in the department of OBG out of cadre of 19, in case the cadre of IGMC and Tanda is taken together. In the writeen instructions, dated 25.8.2011, furnished by the Principal Secretary (Health), Government of Himachal Pradesh, it is admitted that in the year 2009, two posts of Assistant Professor (OBG) were advertised. Of course, at that time, the common roster was operating. But out of two posts in OBG, only one post is meant for General Category and the other is for OBC, which was not filled up as the Public Service Commission had not made any recommendation for the OBC candidates and hence, that post of Assistant Professor in OBG to be filled up by OBC remained vacant. Therefore, to meet the ends of justice, the vacant post, i.e. Assistant Professor in the OBG, for which the steps were taken in the year 2009 is to be filled up before applying separate roster. Hence, there will be a direction to the Public Service Commission to take steps to fill up the unfilled post of Assistant Professor (OBG) first, before proceeding with the further selection. It is made clear that the direction as above, is without prejudice to the contentions taken by the petitioner in CWP No. 5137 of 2011.” 3. Learned Standing Counsel for the Public Service Commission has submitted that a request has been made for fresh requisition. Learned Additional Advocate General has made available communication dated 27th September, 2011 from the Principal Secretary (Health) to the Government of Himachal Pradesh, which is taken on record annexing therewith letter dated 23rd September, 2011 from the 3 Government to the Public Service Commission making the requisition for appointment to the post of Assistant Professor, OBG from the category of OBC in IGMC. There will be a direction to the Commission to take further follow up action in the matter in terms of the order, as extracted above, immediately. The writ petition is disposed of, so also the pending applications, if any. (Justice Kurian Joseph), Chief Justice 28th September, 2011. (Justice Rajiv Sharma), (tr) Judge. 4