Smt. Ranjana Raitka vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 469 HP

Citation : 2021 Latest Caselaw 469 HP
Judgement Date : 8 January, 2021

Himachal Pradesh High Court

Smt. Ranjana Raitka vs State Of Himachal Pradesh And ... on 8 January, 2021

Bench: Tarlok Singh Chauhan, Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 6235 of 2020.

Reserved on : 06.01.2021.

Date of decision: 08.01.2021.

Smt. Ranjana Raitka .....Petitioner.

Versus

State of Himachal Pradesh and others .....Respondents.

Coram

The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.

The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.

Whether approved for reporting?1 No For the Petitioner : Mr. Harish Sharma,

Advocate.

For the Respondents: Mr. Ashok Sharma, Advocate

General with Mr. Vinod Thakur, Mr. Vikas Rathore &

Mr. Shiv Pal Manhans, Additional Advocate Generals, Ms. Seema

Sharma, Mr. Bhupinder Thakur and Mr. Yudhbir Singh Thakur, Deputy Advocate Generals, for respondents No. 1,3 and 4- State.

Mr.Ajeet Singh Saklani, Advocate, for respondent No.2.

Through Video Conferencing.

Whether the reporters of the local papers may be allowed to see the Judgment?Yes

Tarlok Singh Chauhan, Judge

CMP No. 348 of 2021.

For the reasons stated in the application, the

same is allowed. Amended writ petition is taken on record.

Application stands disposed of

CMP No. 349 of 2021.

2. Allowed as prayed for. The Annexures P-1 and

P-2 filed with the original petition are ordered to be read

and taken as Annexures P-1 and P-2 with the amended writ

petition. Application stands disposed of.

CWP No. 6235 of 2020.

3. The instant petition has been filed for grant of

the following reliefs:

"I. That the impugned notification dated 17.12.2020, Annexure -P-1, may be quashed and

set aside in its entirety or in the alternative the same be quashed and set aside to the extent it keeps the office of Chairperson pertaining to Municipal Council- Rohru, as unreserved and further direct the respondent No.1 to include the office of Chairperson Municipal Council -Rohru in the list of offices reserved for some specified category.

II. That the respondents may be directed to re- work the roster of reservation for office of

Chairperson pertaining to Municipal Councils in the State of HP and notification in accordance with law

.

may be issued declaring the office of Chairperson as

reserved for any specified category in accordance of law."

4. Learned counsel for the petitioner vehemently

argued that since the office of Chairperson, Municipal

Council, Rohru, has never been reserved, therefore, this

amounts to denial to equal opportunity of reservation to the

concerned category. However, we find no merit in this

contention for the simple reason that the instant petition

proceeds on the basis of the notification dated 28.11.2010

when there were only 20 Municipalities,whereas, there has

been as many as 61 Municipalities, as is evident from the

following chart:-

List of Municipalities in HP as on dated November, 2020

Sr. Name of ULBs

No.

DISTRICT BILASPUR 1 Municipal Council, Bilaspur

2. Municipal Council, MC-3 Nos.

Shri Naina Devi Ji NP-1 No.

3. Municipal Council, Ghumarwin

4. Nagar Panchayat, Talai

DISTRICT CHAMBA

1. Municipal Council,

             Chamba                   MC-2 Nos.
                             Council, NP-1 No.





    2.       Municipal
             Dalhousie
    3.       Nagar       Panchayat,





             Chowari

DISTRICT HAMIRPUR

1. Municipal Council, Hamirpur Council, MC-2Nos.

2. Municipal Sujanpur NP-2 Nos.

3. Nagar Panchayat, Nadaun

4. rNagar Panchayat,

Bhotta DISTRICT KANGRA

1. Municipal Corporation,

Dharamshala

2. Municipal Corporation, M.Corp.-2 No. Palampur (newly MC-5 Nos.

constituted) NP-3 Nos.

3. Municipal Council,

Kangra

4. Municipal Council, Nurpur

5. Municipal Council, Nagrota

6. Municipal Council, Dehra

7. Municipal Council, Jawalamukhi

8. Nagar Panchayat, Baijnath-Paprola

9. Nagar Panchayat, Jawali

10. Nagar Pancghayat, Shahpur

DISTRICT KULLU

1. Municipal Council, Kullu

2. Municipal Council, MC-2 Nos.

Manali NP-4 Nos.

3. Nagar Panchayat, Bhuntar

4. Nagar Panchayat, Banjar

5. Nagar Panchayat Anni(newly constituted)

rNagar Panchayat, Nirmand (newly

constituted) DISTRICT MANDI

1. Municipal Corporation, Mandi

(newly constituted)

2. Municipal Council, M. Corp. -1.

Sundernagar MC-4 Nos.

NP-2 Nos.

3 Municipal Council, Nerchowk

4. Municipal Council, Jogindernagar

5. Municipal Council,

Sarkaghat

6. Nagar Panchayat, Rewalsar

7. Nagar Panchayat, Karsog DISTRICT SHIMLA

1. Municipal Corporation, Shimla

2. Municipal Council, Rohru

3. Municipal Council, M. Corp.-1 No. Rampur MC-3 Nos.

Council, NP-7 Nos.

4. Municipal Theog

5. Nagar Panchayat, Narkanda

6. Nagar Panchayat, Chopal

7. Nagar Panchayat, Kotkhai

8. Nagar Panchayat,

Jubbal

9. Nagar Panchayat, Sunni

10.

             rNagar     Panchayat,
              Nerwa         (newly

              constituted)
    11.       Nagar     Panchayat,
              Chirgaon(newly
              constituted)



                   DISTRICT SIRMAUR
    1.        Municipal       Council,
              Nahan




    2.        Municipal       Council, MC-2 Nos
              Paonta                   NP-1 No





    3.        Nagar       Panchayat,
              Rajgarh
                       DISTRICT SOLAN





    1.        Municipal

Corporation, Solan (newly constituted)

2. Municipal Council, M.Corp. -1.

Nalagarh MC-3 Nos.

NP-2 No.

3. Municipal Council, Parwanoo

4. Municipal Council, Baddi

5. Nagar Panchayat, Arki

6. Nagar Panchayat, Kandaghat (newly constituted)

DISTRICT UNA

1. Municipal Council, Una

2. Municipal Council, Santokhgarh MC-3 Nos NP-4 Nos

3. Municipal Council, Mehatpur