Lecturer’s post vacant at dental college since 2010: HC asks HP govt to finalise R&P rules within 4 weeks

The court held that the grievances raised in the two petitions stood extinguished after the State withdrew its earlier communication dated November 5, 2022. This letter had called for service particulars of eligible Medical Officers for promotion, but was later withdrawn on August 9, 2023. In the third petition, Chauhan had challenged the withdrawal and sought continuation of the promotion process. However, the high court observed that the post in question was meant for an SC category candidate and had already been requisitioned to the Himachal Pradesh Public Service Commission for direct recruitment. The court stated that the petitioner could not claim consideration for a post reserved for the SC category.

The court of Justice Sandeep Sharma expressed concern that although the vacancy pertained to 2010, and despite Supreme Court directions issued in 2013 to initiate regular recruitment, the State had still not finalised the R&P rules. Noting the significant delay spanning more than a decade, the high court directed the government to finalise the R&P rules for the post within four weeks and thereafter begin the selection process strictly as per the applicable reservation roster.

The judgment records a detailed timeline of rules, litigation and correspondence between the Health Department and the Public Service Commission since 2006. The court noted that the earlier R&P rules notified in 2006 were scrapped in 2009 when a tenure-based lecturer policy was introduced, leading to prolonged procedural confusion.

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