Bedatrayee Saha and Others v. State of HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWPOA No.6272 of 2020 a/w

CWPOAs No.2929 of 2020, 6405 of

2020 and CWP No.2014 of 2021

Decided on 10th September 2026 CWPOA No.6272 of 2020 Bedatrayee Saha and others

…Petitioners Vs. State of Himachal Pradesh and others

…Respondents Ankush Banyal

…Petitioner Vs. State of Himachal Pradesh and others

…Respondents CWPOA No.6405 of 2020 Aditi Sharma and others

…Petitioners Vs. State of Himachal Pradesh and another

…Respondents CWP No.2014 of 2021 Dr. Anand Mohan

…Petitioner Vs. State of Himachal Pradesh and others

…Respondents Coram Hon'ble Mr. Justice Ajay Mohan Goel, Judge Hon'ble Mr. Justice Yogesh Jaswal, Judge 1Whether approved for reporting? CWPOA No.6272 of 2020 For the petitioner :

Mr. Kush Sharma, Advocate.

For the respondents : Mr. Pushpinder Jaswal, Additional

Advocate General.

For the petitioner :

Mr. Ms. Shalini Thakur, Advocate.

For the respondents : Mr. Pushpinder Jaswal, Additional

Advocate General, for

respondents No.1 and 2.

Mr. Vikrant Thakur, Senior

Advocate, with M/s Shubham

Guleria and Shivani Priya,

Advocates, for respondent No.3. CWPOA No.6405 of 2020 For the petitioner :

Mr. Parav Sharma, Advocate.

For the respondents : Mr. Pushpinder Jaswal, Additional

Advocate General, for respondent

No.1.

Mr. Vikrant Thakur, Senior

Advocate, with M/s Shubham

Guleria and Shivani Priya,

Advocates, for respondent No.2. CWP No.2014 of 2021 For the petitioner :

Mr. Vikas Chauhan, Advocate.

For the respondents : Mr. Pushpinder Jaswal, Additional

Advocate General, for respondent

No.1 and 2.

Mr. Vikrant Thakur, Senior

Advocate, with M/s Shubham

Guleria and Shivani Priya,

Advocates, for respondent No.3.

Ms. Shalini Thakur, Advocate, for

respondent No.4, 6 to 18, 20 to 23.

Mr. Parav Sharma, Advocate, for

the respective respondents, Ajay Mohan Goel, Judge (Oral)

2.

Delink from CWPOA No.6272 of 2020 alongwith other connected matters.

CWPOA Nos.6272, 6405 of 2020 and CWP

No.2014 of 2021

3.

In all these cases, the issue relates to the recruitment process which was undertaken by the Department to fill up the posts of Associate Professor in the Department of Technical Education, Himachal Pradesh. One set of petitioners have approached this Court, inter alia, on the ground that despite the fact that, as per the Recruitment and Promotion Rules, the posts in issue were to be 100% filled by way of promotion, the Department was resorting to filling up the posts through Public Service Commission by way of direct recruitment. On the other hand, one of the petitioners, namely, Dr. Anand Mohan, is before this Court, aggrieved by the fact that the recruitment process stood stalled by the Government on account of an interim order that was passed in the matter by the erstwhile Himachal Pradesh Administrative Tribunal.

4.

During the course of hearing of these cases, today the Court stands informed by learned Additional Advocate

General, which fact has not been disputed by learned counsel for the petitioners, that the Recruitment and Promotion Rules in issue now stand repealed. Learned Additional Advocate General submits that in light of this development, these petitions have been rendered infructuous, as now the Department shall fill up the posts in issue as per the new Recruitment and Promotion Rules.

5.

At this stage, Mr. Vikas Chauhan, learned counsel appearing for the petitioner, namely, Dr. Anand Mohan, submits that on account of the pendency of these proceedings, the petitioner has now become overage. He submits that liberty be granted to the petitioner that, in case, any fresh process is initiated by the Department, he may approach the Department concerned seeking relaxation of age.

6.

In light of the development, that now new Rules are in vogue governing appointment/promotion to the posts of Associate Professor (Civil Engineering and Electrical Engineering) and, as obviously, all these petitions have lost their efficacy, the same are closed without adjudication on merit. The State Government may proceed, if it so intends, to

fill up the posts in issue as per the prevailing R&P Rules. Liberty, as prayed for by Mr. Vikas Chauhan, Advocate, to Dr. Anand Mohan is granted that he may approach the Department seeking relaxation of age at the appropriate stage.

7.

Pending miscellaneous applications, if any, also stand disposed of. Interim, if any, stands vacated.

(Ajay Mohan Goel)

Judge

(Yogesh Jaswal)

Judge September 10, 2026 (Vinod)