Virender Singh vs State Of H.P. & Ors
2023 Latest Caselaw 2251 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWPOA No. 4764 of 2019 Decided on: 14th March, 2023 _________________________________________________________________

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    Virender Singh                                                          ...Petitioner





                                      Versus
    State of H.P. & Ors.                                                 ...Respondents

_________________________________________________________________ Coram

Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge

1 Whether approved for reporting?

______________________________________________________________ ___ For the petitioner: Mr.Deepak Kaushal, Senior Advocate with Mr. Abhishek r Sharma, Advocate.

For the respondents: Mr. Y.P.S.Dhaulta & Mr. Navlesh Verma, Additional Advocates General, with Ms. Seema Sharma and Mr.

Sumit Sharma, Deputy Advocates General, for respondents No.1 to 3.

Mr. Manish Sharma, Advocate for

respondents No.4 and 5.

Jyotsna Rewal Dua, Judge

This writ petition has been filed for the grant of

following substantive prayers: -

"(i) That the record of the case be produced before the Hon'ble Court for perusal.

(ii) The order annexure P-8 be quashed by issue of a Writ of Certiorari.

(iii) That the petitioner should be considered and

Whether reporters of Local Papers may be allowed to see the judgment?

declared to be belonging to Bhatt Brahmin community and on that basis entitled to be treated as an OBC candidate for purposes of employment under the same Government."

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2. Annexure P-8, sought to be quashed in the writ

petition, is an order passed by the Collector Paonta Sahib,

District Sirmour, H.P., cancelling the OBC certificate of the

petitioner. During hearing of the case, learned Additional

Advocate General, on the basis of instructions imparted to

him, submitted that in case the petitioner makes a fresh

representation in respect of his grievances raised in the writ

petition, then the respondents are willing to consider

petitioner's case within a time bound manner. Learned senior

counsel for the petitioner has no objection to the aforesaid

proposal of the respondents.

3. In view of the aforesaid submissions, but without

going into the merits of the matter, this writ petition is

disposed of by reserving liberty to the petitioner to represent

to the respondents/competent authority within a period of

three weeks from today with respect to his grievances raised

in the writ petition. In case such representation is made by

the petitioner, the same shall be decided by the

respondents/competent authority within three weeks

thereafter, in accordance with law. The order shall also be

communicated to the petitioner. Till decision of the

representation in the aforesaid manner, interim order dated

.

26.07.2013 shall continue. It is clarified that in case the

petitioner does not represent within the aforesaid period, the

interim order shall automatically stand vacated.

The writ petition stands disposed of in the above

terms, so also the pending miscellaneous applications, if any.

Jyotsna Rewal Dua Judge March 14, 2023 R.Atal