Shimla (Himachal Pradesh) [India], June 26 : In a significant judgment protecting merit-based selection, the Himachal Pradesh High Court has directed the Himachal Pradesh Public Service Commission (HPPSC) to consider a candidate who originally applied under the Economically Weaker Section (EWS) category for appointment under the Unreserved General category, after he secured higher marks than the general cut-off and his category status changed due to employment.
The court's directive came while allowing a petition filed by Amit Singh, whose candidature for the post of Lecturer (School-New), Political Science, Class-III, was rejected by HPPSC on the grounds that his EWS status had changed following his selection as Junior Office Assistant (IT) under a different recruitment process.
"Even if the category of the petitioner had changed from EWS to General, his candidature was required to be considered under General Unreserved, where he had secured more marks than the cut-off," observed Justice Sandeep Sharma, in the judgment passed on June 20.
HPPSC had argued that Singh failed to submit a valid EWS certificate and self-undertaking at the time of document verification on January 29, 2025, as per the recruitment rules. However, the court noted that Singh had obtained more marks than required for General category candidates, and there was no evidence of any age or qualification relaxation availed under EWS.
"His candidature for the General category could not have been rejected on the ground of fee relaxation alone. Any deficiency in fee can be made good," the court held, while adding that merit should not be disregarded due to technicalities.
Notably, the court was informed that one post of Lecturer (Political Science) had not been filled due to interim orders passed in several petitions, including this one. The bench directed HPPSC to consider Singh's marks and recommend his appointment if he qualifies under the General category.
"Respondent No.2-HPPSC is directed to consider the petitioner's candidature under General Unreserved and, if found in merit, recommend his name for appointment to the concerned department," the court ordered.
The judgment also clarifies the interpretation of vertical reservation rules, citing that if a reserved category candidate clears the examination on merit without any relaxed standard, they must be considered under the General category as per DoPT guidelines.
"Reserved category candidates who are selected on the same standard as general candidates shall not be adjusted against reserved vacancies," the court noted, referencing HPPSC's own recruitment advertisement and rules.
The ruling is expected to set a precedent for similar cases where candidates' socio-economic status changes between application and final appointment.