LAWS(SC)-1994-7-60

STATE OF HIMACHAL PRADESH Vs. AMAR NATH SHARMA

Decided On July 12, 1994
STATE OF HIMACHAL PRADESH Appellant
V/S
AMAR NATH SHARMA Respondents

JUDGEMENT

(1.) The government of Himachal Pradesh issued office memorandum dated September 27/29, 1980 (the memorandum) wherein the procedure for recruitment to Class III and IV posts/services not within the purview of the Himachal Pradesh public service commission was laid down. The memorandum provided that fresh recruitment to the posts/services mentioned therein would be made on the basis of an interview which would carry 50 marks as follows:

(2.) The State government decided to hold special recruitment for Class III and Class IV posts in accordance with the procedure laid down in the memorandum. Candidates registered up to the specified dates with the various employment exchanges in the State of Himachal Pradesh were called for interview by the special selection committees constituted for the recruitment. On the basis of the interviews held by the special selection committees, merit lists were prepared and the selected candidates were given appointments

(3.) The selection and the consequent appointments were challenged by way of a batch of writ petitions under Article 226 of the Constitution of India before the Himachal Pradesh High court. A division bench of the High court by its judgment dated 6/8/1982 allowed the writ petitions and quashed part of the memorandum, the selection and the appointments. These appeals by way of special leave are against the judgment of the High court.