The Himachal Pradesh High Court dismissed an appeal, filed by the Appellants challenging the judgment dt.18.12.2023 passed by the learned Single Judge in a writ petition. The Court observed that possession of prescribed qualifications on the last date for receipt of applications for filling up any post is mandatory; otherwise, the appointment would be illegal.
Brief Facts:
Respondent No.5 in the Letters Patent Appeal had filed the said Writ Petition challenging the notification/ office orders dt.17.4.2023 offering appointments to the appellants as medical officers Class-I Gazetted and for other reliefs. The learned single Judge allowed the Writ Petition on 18.12.2023 accepting the plea of respondent no.5/ Writ Petitioner on the ground that the appellants did not possess the essential qualification. The learned single Judge directed the official respondents to offer the appointment to the above post to candidates next in order of merit in the category specified.
Contentions of the Appellant:
The Learned Counsel for the Appellant submitted that the judgment of the learned single Judge was unsustainable and perverse; that on a concession, the learned Advocate General had permitted the appellants to make a representation before the appropriate authority and had directed the case of the appellants to be considered sympathetically; therefore the issue of ineligibility becomes insignificant; that the official respondents have power to relax the applicable Rule; and so there is no infirmity in the orders issued by the official respondents appointing the appellants to the above post.
Observations of the Court:
The Court noted that the cut-off date was 22.8.2022 and the appellants had completed the internship only on 31.8.2023. Thus, they were ineligible to be considered for appointment as Medical Officers. Possession of prescribed qualification on the last date for receipt of applications for filling up any post is mandatory. Otherwise, the appointment would be illegal.
The Court observed that the plea of the appellants that the official respondents had exercised powers to relax the said requirement of completion of rotatory membership in view of the direction issued by the Court to consider their case sympathetically in CWP.No.5516 of 2022, cannot be accepted. Any such relaxation granted to appellants of possessing the essential qualification is impermissible in law. It was not open to the official respondents to grant any such relaxation to the appellants of possessing the essential qualification by the cut-off date and any such decision would be wholly illegal.
The decision of the Court:
The Himachal Pradesh High Court, dismissing the petition, held that there was no merit in the appeal.
Case Title: Dr. Saksham Singh & Anr. v State of Himachal Pradesh & Ors.
Coram: Hon’ble Chief Justice M.S. Ramachandra Rao and Hon’ble Justice Jyotsna Rewal Dua
Case No.: LPA No. 1 of 2024
Advocate for the Appellant: Mr. Rajiv Rai, Advocate.
Advocate for the Respondents: Mr. Anup Rattan, Advocate General with M/s Rakesh Dhaulta and Pranay Pratap Singh, Additional Advocate Generals and M/s Arsh Rattan and Sidharth Jalta, Deputy Advocate Generals, for the respondents State. Mr. R.K. Gautam, Sr. Advocate with Mr. Jai Ram Sharma, Advocate, for the Caveator.
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