Himachal Pradesh High Court | Batch Determination for Recruitment Depends on Examination Date, Not Certificate Issuance Date
Safiya Malik
The High Court of Himachal Pradesh Single Bench of Justice Sandeep Sharma held that, for batch-wise recruitment, the candidate’s batch is determined by the month and year of passing the final professional examination, not by the subsequent date of certificate issuance. The Court directed the State to appoint petitioner Asha Rani as an Ayurvedic Pharmacy Officer under the 2005 batch while protecting the service of the already appointed respondent. The dispute concerned her exclusion from the 2005 batch despite having passed the diploma examination in June 2005, as the authorities relied on the later issuance date of her certificate in April 2006.
The petitioner, Smt. Asha Rani, approached the High Court of Himachal Pradesh against the denial of her appointment as Ayurvedic Pharmacy Officer under the ex-servicemen quota. The dispute arose when she was not considered under the 2005 batch during a batch-wise recruitment process, despite having completed her Diploma in Ayurvedic Pharmacy in the academic session 2003–2005. The petitioner passed her final examinations in June 2005 from the Institute of Advanced Studies in Education, a deemed university. However, the diploma certificate evidencing her qualification was issued on 07.04.2006.
Her case was that the Screening Committee wrongly treated her as belonging to the 2006 batch on the basis of the issuance date of her certificate rather than the actual year of her academic session and final examination. The Employment Exchange had earlier recommended her candidature for batch-wise selection under the 2005 batch, as reflected in a communication dated 06.07.2024 from the Director of Ayush, Himachal Pradesh. However, while preparing the checklist, the Screening Committee recorded her year of passing as 07.04.2006 and thereby excluded her from consideration against the 2005 batch. Consequently, the petitioner’s appointment was denied, and the post was filled by respondent no.4 through office order dated 26.09.2024.
The petitioner sought relief including quashing of respondent no.4’s appointment and correction of the date of issuance of her marks statement to reflect the year 2005. She further prayed that she be offered the appointment meant for the 2005 batch of Ayurvedic Pharmacy Officers.
The respondents, including the State, opposed the petition by citing Clause 15 of the Recruitment and Promotion Rules (R&P Rules) for the post of Ayurvedic Pharmacy Officer, Class III (Non-Gazetted) in the Department of Ayurveda, Himachal Pradesh. They argued that the date recorded on the original Detail Marks Certificate should be deemed as the relevant date for reckoning the batch of a candidate. Since the petitioner’s certificate was issued in 2006, the State maintained that she could not be considered under the 2005 batch.
The petitioner submitted that the respondents had misinterpreted the R&P Rules. He contended that the rules require the date of passing of the final professional examination to be considered, not the date of issuance of the certificate. The petitioner relied on supporting documents, including a certificate dated 03.09.2021 from the Controller of Examinations, IASE, confirming that she had completed her course in May 2005, and a character/relieving certificate dated 07.07.2005 confirming her participation in the final trade test in June 2005.
Justice Sandeep Sharma recorded that the central issue was “whether, while making batch-wise selection, the name and year of examination would be relevant or the date of issuance of the certificate?” After examining the R&P Rules, the Court observed that “the date recorded on the original ‘Detail Marks Certificate’ of final professional examination of the candidate by concerned University/Institution shall be deemed as the date for reckoning the batch of the candidate.”
The Court observed that “though date of issuance of certificate has been shown as 07.04.2006, but such examination pertained to the diploma in Ayurvedic Pharmacy, 2nd year 2004-2005.”
The Court stated: “Since in the case at hand petitioner appeared in examination of 2nd year Diploma in Ayurvedic Pharmacy under the batch of 2004-2005 in the month of May/June, 2005 and thereafter, she also passed trade test, as is evident from Annexure P-11 in 2005 itself, there appears to be merit in the contention of learned counsel for the petitioner that for all intents and purposes, the year of passing of the petitioner’s Diploma in question is 2005.”
The Court stated: “It is nowhere mentioned in the R&P Rules that date of issuance of certificate given in the certificate would be relevant, rather, while considering candidature under batch-wise selection, relevant date would be the year and month of passing.”
The Court concluded that the Screening Committee erred in treating the petitioner as belonging to the 2006 batch. The Court found that “she, otherwise in no circumstance, could have been considered to be candidate of 2006 batch.”
The Court held: “Respondents are directed to offer appointment to the petitioner against the post of Ayurvedic Pharmacy Officer considering her to be appointee of 2005 batch, but while doing so, appointment already given to private respondent No.4 shall not be disturbed, rather same shall remain protected.”
“Petitioner shall not be entitled to any monetary benefits for the period between deemed date of appointment and actual joining but same shall count for the purpose of seniority and other service benefits.”
Pending applications, if any, were also disposed of in the order.
Advocates Representing the Parties
For the Petitioner: Mr. Uday Singh Banyal, Advocate.
For the Respondents: Mr. Rajan Kahol, Additional Advocate General, Mr. Vishal Panwar, Additional Advocate General, Mr. B.C. Verma, Additional Advocate General, with Mr. Ravi Chauhan, Deputy Advocate General, for the State. Mr. Vivek Chandel.
Case Title: Smt. Asha Rani v. State of Himachal Pradesh & others
Case Number: CWP No. 16189 of 2024
Bench: Justice Sandeep Sharma
