SLP
Bhumika Sharma
(Querist) 14 May 2010
This query is : Resolved
I need a sample of SLP.
Secondly what question of law arises in following case-
that the Himachal Pradesh Public Service Commission (HPPSC) issued advertisement No.IV/2007 inviting applications for filling up 12 vacancies of Civil Judges (Junior Division). The advertisement specified that out of these vacancies two are reserved for scheduled castes, one for scheduled tribe and four for other backward classes candidates of H.P. resultantly, five vacancies could be said to fall to the share of the general category.
The non-appellant qualified the written examination also and was called for interview. The interviews were held on 9th and 10th of January, 2008. He made several requests in the matter, no letter of appointment was ever issued to him. Before the Hon’ble High Court, he contended that the State has made excessive reservation and has carried forward the reservation for scheduled castes and scheduled tribes and other backward classes for more than three years which is not permissible. The validity of the circular dated 26.7.1989 issued by the State of H.P. whereby posts falling to the category of scheduled castes and scheduled tribes can be carried forward indefinitely was challenged.
In CWP No. 1624 /2008 & CWP No. 1122/2009 the circular dated 26.7.1989 removing the time cap and making the carry over rule perpetual in nature was held to be illegal and liable to be struck down. The High Court held that the non-appellant shall rank senior to all the candidates selected in the year 2009 since he was selected two years earlier and should have been offered appointment at that stage itself. He shall hold that the seats of OBCs could only be carried forward for three recruitment years and no further. Consequently, the seats falling to the category of OBCs for the year 2009 shall be reduced by deducting the seats carried forward for more than three years and selections made from the general category candidates if found suitable.
Devajyoti Barman
(Expert) 30 October 2010
Without knowing the full case, it is difficult make any advice on this topic.
