RAMESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Both these petitions can be disposed of by a common judgment as the point in issue is same. For the purposes of adjudication, facts narrated in CWP No. 6320 of 2010 are being referred to wherein petitioners have prayed for the following reliefs:-

(2.) In terms of order dated 25th September, 2007 (Annexure P-10) petitioners were selected as Home Guard Volunteers. They were appointed on 2.3.2008.

(3.) Recruitment to the post of Constable in the Himachal Pradesh Police Department, is regulated by the Rules known as Punjab Police (Himachal Pradesh Amendment) Rules, 2007 (Annexure P-2) (for short the Rules). Rules provide for reservation by 15% from the category of Home Guards for whom eligibility criteria is age (20 to 28 years), minimum qualification (10+2) and physical specifications laid down therein. Rules also prescribe issuance of advertisement specifying eligibility criteria of age, educational/other qualifications and physical standards. All applications in response thereto are to be carefully scrutinized. Incomplete applications are to be summarily rejected. Candidate has to undergo three stages of selection process. Apart from physical efficiency test, candidates are to undertake a written examination and then personality test. Importantly Rules do not lay down any condition of experience as a Home Guard volunteer. Rule 3.1 only provides that reservation shall be governed by instructions issued by the Government from time to time. Eligibility criterion for experience is prescribed in two circulars (Annexures R-3 and R-4) issued by the Government. They read as under: