Himachal Pradesh High Court
__________________________________________________________ vs State Of Himachal Pradesh & Ors on 11 February, 2025
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.2241 of 2025
Decided on: 11th February, 2025
__________________________________________________________
Dr. Deepak Chauhan ....Petitioner
Versus
State of Himachal Pradesh & Ors. ....Respondents
Coram
Hon'ble Mr. Justice Ranjan Sharma, Judge
1 Whether approved for reporting? Yes
For the petitioner : Mr. Karan Singh Parmar,
Advocate.
For the respondents : Mr. L.N. Sharma, Additional
Advocate General.
Ranjan Sharma, Judge
Petitioner has come up before this Court,
seeking the following relief(s) :
"i) That Order dated 5th October, 2024, 12th
December, 2024 & order dated 31.12.2025
May very kindly be quashed and Set Aside and
the directions may very kindly be issued to the
respondents to allow the petitioner to continue
at the present place of residence, In the
interest of justice and fair Play.
(ii) That the respondents may very kindly be
directed to provide alternate accommodation
to the petitioner at Dental College Residencies
Near boys Hostel Sanjoli Shimla H.P which is
lying vacant for the past One Year being a
Whether reporters of Local Papers may be allowed to see the judgment? Yes
special case.
(iii) That respondents may very kindly be
directed not to take the police assistance for
vacation of the accommodation as the wife of
the petitioner is also residing in the same
accommodation."
2. The matter was listed on 10.02.2025, when,
this Court passed the following orders :
"Heard.
2. Mr. Vishal Panwar, Learned Additional
Advocate General appears and waives service
of notice on behalf of respondentsState. As
prayed, let reply or instructions be furnished
on or before the next date of hearing.
3. Precisely, the grievance is that the
petitioner is working as Hostel Warden in
Female Hostel since 2014. In order to ensure
effective management and to secure
comfortable environment to the girls students,
the respondent felt the need for appointing a
female warden. Resultantly, the respondent
No.3 issued an order on 05.10.2024
[Anneuxre P1] whereby one Dr. Seema
Bhoomla, who is working as Lecturer in
Department of Oral Medicine and Radiology
was directed to take over the charge as
Assistant Warden from the petitioner [Dr.
Deepak Chauhan] with directions to the
petitioner to vacate the hostel accommodation
for new incumbent, which was reiterated by
Principal, Government Dental College &
Hospital, Shimla on 12.12.2024 [Annexure P
2] directing the petitioner [Dr. Deepak
Chauhan] to vacate the Hostel
Accommodation before 15.12.2024, with
further directions to new incumbent [Dr.
Seema Bhoomla] to take over the charge of
Warden of girls hostel concerned.
4. Petitioner approached this Court in
CWP No. 15811 of 2024, titled as
Dr. Deepak Chauhan versus State of
H.P. & Ors decided on 23.12.2024
[Annexure P-6] when the petitioner was
permitted to continue in the Girls Hostel
Accommodation till 31.01.2025.
5. Mr. Karan Singh Parmar, Learned
Counsel for petitioner submits that new
incumbent [Dr. Seema Bhoomla] has not
taken over the charge as Assistant Warden of
Girls Hostel concerned and therefore, the
petitioner may be permitted to continue in
hostel accommodation till his substitute takes
over the charge, as Hostel Warden, in girls
hostel concerned.
6. Faced with these situation, Learned
Additional Advocate General seeks time to
furnished Instructions in this matter, as to
whether substitute of petitioner namely, Dr.
Seema Bhoomla as in communication dated
05.10.2024 and 12.12.2024 [Annexures P1
and P2] has taken over the charge of Hostel
Warden/Assistant Warden of Girls Hostel or
not and whether Dr. Seema Bhoomla or any
other incumbent has been posted or assumed
charge of Hostel Warden of Girls Hostel
concerned and if not, the reasons therefor;
and whether it is admissibility feasible to
permit the petitioner to continue in Hostel
Accommodation as an adhoc measure till new
incumbent/ substitute takes over as Hostel
Warden etc.
7. Learned Additional Advocate General
for the respondentsState seeks a days time to
furnish Instructions, in the matter.
8. Let the matter on 11.02.2025, on which
dated Learned State Counsel to furnish
Instructions in the matter."
3. As a sequel to orders dated 10.02.2025,
Learned Counsel has furnished Instructions dated
11.02.2025 [Taken on Record]. Copy thereof has been
supplied to Learned Counsel for petitioner also.
4. The contention of Learned Counsel for
petitioner that new incumbent, Dr. Seema Bhoomla,
who was appointed/posted as Assistant Warden in
Girls Hostel, New Blessington Girls Hostel, Lakkar
Bazar, Shimla [HP], to replace the petitionerDeepak
Chauhan as Warden of Girls Hostel has not taken
over the charge as yet and therefore, the petitioner may
be allowed to continue in the said accommodation,
is not tenable, for the reason, that firstly, the
Instructions dated 11.02.2025, clearly reveal that
Dr. Seema Bhoomla has assumed charge of Assistant
Warden of Girls Hostel on 11.02.2025 [F.N.] and
consequent upon assumption of charge, by Dr.
Seema Bhoomla, the petitioner [Deepak Chauhan], who
is presently, residing/occupying the accommodation
meant for Girls Hostel Warden has neither any right
nor any locus to continue in said Government
Accommodation; and secondly, once the petitioner
ceases to be a Hostel Warden of Girls Hostel in terms
of communication dated 05.10.2024 [Annexure P1]
and was thereafter, directed to vacate the
accommodation, meant for Girls Hostel Warden, then,
the petitioner has no right for claiming continuance
of accommodation earmarked for Girls Hostel Warden;
and thirdly, when, even as per the directions given
by Dental Council of India in communication dated
letter No.DCI/PDMS/CG/Dentist/Gen/280/202425/
2024/6155 dated 15.10.2024, a Female could be a
hostel Warden and therefore, in view of DCI directions
the claim of petitioner to continue in accommodation
meant for Girls Hostel Warden, was not tenable; and
fourthly, based on DCI directions dated 15.10.2024,
the Respondent No.3Principal again directed the
petitioner to vacate Earmarked Accommodation meant
for Female Girls Hostel Warden before 15.12.2024,
vide letter dated 12.12.2024, but the petitioner ignored
these directions; and fifthly, when, in terms of another
letter dated 19.12.2024, the petitioner failed to vacate
accommodation within the stipulated period of seven
days; and sixthly, even after the orders dated 23.12.2024
[Annexure P6], passed by a coordinate Bench of
this Court in CWP No.15811 of 2024, directing the
petitioner to vacate the Earmarked Accommodation
meant for Girls Hostel Warden till 31.01.2025, the
petitioner instead of vacating the accommodation,
came to this Court again in instant petition setting up
frivolous pleas; and seventhly, the request for
continuance in accommodation beyond 31.01.2025 was
turned down on 30.01.2025 with directions to vacate
the same as per the orders passed by High Court
but in vain; and eighthly, the petitioner was allotted
accommodation in lieu of his deployment as Assistant
Warden of Girls Hostel concerned being a Lecturer in
Government Dental College, Shimla, but without
testing his eligibility along with others for allotment
in accordance with Himachal Pradesh [General Pool]
House Allotment Rules, 1994 [Annexure P3], based on
date of priority to be computed along with other
eligible officers/officials, therefore, the petitioner has no
right to seek continuity in Earmarked Accommodation
meant for Girls Hostel Warden/Assistant Warden; and
ninthly, once petitioner was not allotted government
accommodation under Himachal Pradesh House
Allotment [General Pool] Rules 1994, but was allotted
an Earmarked Accommodation in lieu of being a
Girls Hostel Warden/Assistant Warden and now the
petitioner ceases to be Warden/Assistant Warden of
Girls Hostel concerned, therefore, the plea of petitioner
that allotment was cancelled in violation of Rule 18 of
Himachal Pradesh House Allotment [General Pool]
Rules 1994, is not tenable. In these circumstances,
this Court is of the considered view, that the petitioner
has no right to continue in Government Accommodation,
earmarked meant for Warden/ Assistant Warden of
Girls Hostel Warden when, the petitioner has ceased
to be the Assistant Warden of Girls Hostel concerned
and even his substitute i.e. Dr. Seema Bhoomla has
taken over the charge as Assistant Warden of Girls
Hostel concerned on 11.02.2025, as aforesaid. Since
new incumbent Dr. Seema Bhoomla, has taken charge,
as Assistant Warden then, the petitioner could be
permitted to continue in earmarked accommodation
meant for Female Assistant Warden as per the directions
of DCI, so as to enable effective management and
smooth running and supervision of Girls Hostel
concerned.
For aforesaid reasons, this Court does not
find any merit in prayer of petitioner for permitting
him to continue in earmarked accommodation meant
for Female Hostel Warden, any longer and the prayer
thereto is denied of any merit and is rejected.
Resultantly, this Court directs the petitioner to vacate
the Government Accommodation presently occupied
or in his possession, which is meant for Female Girls
Hostel Warden/Assistant Warden, in Blessington Girls
Hostel on or before 16.02.2025 by 03.00 p.m. Failure
to vacate the Government Accommodation shall
entitle the RespondentsState Authorities to take
recourse to such other measures, as available in law
hereinafter, if need arises.
5. Claim of the petitioner for providing him
alternative accommodation, is misconceived, for the
reason that claim for accommodation is to be
tested/examined under the Himachal Pradesh House
Allotment [General Pool] Rules, based on various
factors and plea for alternate accommodation can
neither be claimed nor granted without examining the
case of petitioner along with other eligible officers.
In these circumstances, the prayer in 11(ii) is also
rejected. However, the petitioner is free to approach
appropriate authority for consideration of his case for
allotment in accordance with House Allotment Rules,
hereinafter.
6. In aforesaid terms, the claim(s) made in
the writ petition are devoid of any merit and the writ
petition is dismissed in limine with no order as to costs.
- 10 -
Instant writ petition is dismissed and all
pending application(s) shall also stand disposed of
accordingly.
(Ranjan Sharma)
Vacation Judge
February 11, 2025
[Rupsi/Chiranjeev]
