BANEET KUMAR Vs. STATE OF H. P.
LAWS(HPH)-2020-10-30
HIGH COURT OF HIMACHAL PRADESH
Decided on October 12,2020

Baneet Kumar Appellant
VERSUS
STATE OF H. P. Respondents

JUDGEMENT

Sureshwar Thakur, J. - (1.)In pursuance, to, an Advertisement, borne in Annexure P-1, hence, applications became invited, from, eligible aspirants, for, recruitment(s) being made, vis-a -vis, the advertised post(s), of, Patwari. The writ petitioner participated in the relevant recruitment process. However, in the aspired apposite OBC unreserved category, he did not succeed. In other words, the name of the writ petitioner, did not exist, in the merit list drawn, vis-a -vis, candidates belonging, to, the OBC unreserved category. Significantly, in the afore category, 12 candidates, as is apparent, on a reading of Annexure R-1, hence appended to the reply, furnished to the extant writ petition, by the respondents-State, became declared successful.
(2.)Be that as it may, the learned counsel, appearing on behalf of the writ petitioner, has contended that, since one, amongst the candidates, whose names occurred in the waiting list, as became drawn, vis-a -vis, the afore category, inasmuch as, one Ashish Kumar, did not join, as a Patwari, (a) thereupon, the writ petitioner, whose name also occurred in the waiting list, as became drawn, qua the afore category, hence became entitled to become invited, after completion of all the requisite verificatory process(es), rather to, join as a Patwari, under the respondents concerned.
(3.)A perusal of Annexure P-1, underscores, vis -vis, the relevant process(es), commencing in the month of September, 2019, and, the merit of successful candidates, who participated in the afore recruitment process(es), as became drawn, for the advertised post(s) of Patwari, concluding, on 20.12.2019. As afore stated, the, name of the petitioner, did not exist in the list, of, meritorious candidates, as became prepared, vis- a-vis, the apposite category, appertaining to OBC unreserved. Though, one Shri Ashish Kumar, figured at Sr. No.1, in the merit list drawn, vis- a-vis, candidates belonging to OBC unreserved category, however, the afore, did not initially join, as, a Patwari, (a) yet subsequently, as unfolded by Annexure R-5, he, in the month of July, 2020, hence within one year from the date of completion(s), of, the relevant recruitment process(es), affirmatively re-asked, through addressing a letter, to, the District Revenue Officer, Hamirpur, for his being permitted, to, make his joining(s), vis-a -vis, the afore post(s), whereagainst, he became selected.
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