Deena Kumari vs H. P. Public Service Commission & Anr

Tarlok Singh Chauhan, J

The instant petition has been filed for the grant of following reliefs:-

a.) to set aside the list of rejected candidate qua the petitioner issued by the respondent commission and the commission may be directed to accept the Non SC/S//OBC certificate of the petitioner for consideration of her candidature in the category of EWS (Economically Weaker Section) BPL for the post of Lecturer (School-New) Hindi. b.) in alternative to clause (a) of the prayer, the respondents may be directed to consider the case of the petitioner in open general category to the post of Lecturer (School-New) Hindi.

On 09.04.2021, this Court passed the following order:-

"CMP No. 4350 of 2021

It appears that the candidature of the petitioner has been rejected from consideration only on the ground that "candidate has not submitted non SC/ST/OBC certificate" in terms of Clause-4 of the advertisement, which reads as under:-

"4. EWS of H. P. (Economically Weaker Sections of H.P.):- The benefit of reservation under the EWS category (other than SCs/STs/OBCs) in posts under the Government of Himachal Pradesh can be availed against the posts reserved for EWS category on production of an Income and Asset Certificate issued by the competent authority in the State government of Himachal Pradesh and also a non-SC/ST/OBC certificate issued by the competent authority. The reservation to the category of EWS and (document to be submitted in support of their claim), will be as per instructions issued by the Government of H.P. (In the Department of Personnel) vide letter No. PER (AP)-C-B(12)-1/2019 dated 11th June, 2019. If a BPL candidate applies for the post reserved for EWS category he/she shall have to submit a valid BPL certificate countersigned by the Block Development Officer and also a non-SC/ST/OBC certificate issued by the competent authority."

To say the least, respondents do not appear to have applied their minds while rejecting the claim of the petitioner. Clause-4 of the instructions pre-supposes and, in fact, clearly lays down that the benefit of reservation under EWS category is only available to the candidates other than those belonging to SC/ST/OBC.

3.Therefore, in such circumstances, there is no question of candidate submitting a certificate to the effect that he/she does not belong to SC/ST/OBC for it requires no Soloman Wisdom to appreciate the fact that vis-a-vis the EWS candidates, the candidates belonging to the SC/ST/OBC are better placed in so far as reservation is concerned and even the extent of reservation is far greater than those provided for the EWS category.

Therefore, there can hardly be an occasion where a person despite falling in the category of SC/ST/OBC would still try to mar his/her chances of selection by opting under the EWS category. Such condition prima facie is clearly ill-logical and is, thus, required to be ignored at this stage.

In the given circumstances, the respondents are directed to consider the candidature of the petitioner for the post of Lecturer (School New) Hindi.

CWP No. 2255 of 2021

At the oral request of the petitioner, the Department of Personnel through its Secretary is ordered to be impleaded as party and shall figure as respondent No.

Amended memo of parties be filed within two days. Reply on behalf of appearing respondents be filed before the next date of hearing."

Today, Shri Vikrant Thakur, learned counsel for H. P. Public Service Commission, on instructions, states that the petitioner has cleared screening test and will now be considered alongwith other candidates in the category of EWS (Economically Weaker Section) BPL for the post of Lecturer (School-New) Hindi.

His statement is taken on record.

In view of the aforesaid statement nothing survives for adjudication, consequently, the petition has been rendered infrutuous and is disposed of as such. Pending applications, if any, also stands disposed of.