Himachal Pradesh Judicial Service : Supreme Court Provisionally Permits Candidates Debarred By HPSC To Appear For Exam

While granting the said interim relief, a Bench comprising Justice JK Maheshwari and Justice KV Vishwanathan directed the Commission to issue necessary admit cards to the petitioners and to ensure that the same reflects the centre for examination. It clarified that the interim relief to the petitioner to provisionally appear for the examination would not create equity in their favour and is subject to the outcome of the petition.

“...we are inclined to grant the interim relief directing the respondents to permit the petitioners to appear for the preliminary examination provisionally commencing 09.07.2023 by issuing necessary admit card specifying the centre for examination. Granting provisional permission would not create any equity in favour of the petitioners.”

The Bench issued notice in the pleas challenging orders of the Himachal Pradesh High Court that had, in essence, upheld the Commission’s decision to debar the petitioners from writing the preliminary examination. 

The Counsel appearing for the petitioner in one of the pleas apprised the Bench that according to the Commission instead of the credential certificates the petitioner had uploaded the Aadhar cards of the person who had issued the credential certificates. She submitted that as per the terms of the advertisement issued on 22nd April, 2023 the requirement of submitting the credential certificate is not an essential document. She urged that not submitting the same in the appropriate format was a curable defect.

The Counsel appearing for petitioners in the other plea submitted that the rejection of candidature in their cases was because defective credential certificates were uploaded. Elaborating on the same, she submitted that instead of writing the name of the candidate, the person issuing the credential certificate had written ‘the applicant’. The Counsel argued that the same is not a ground for rejection. She also averred that while her clients’ candidature had been cancelled, the respondents had granted an opportunity to similarly situated candidates to rectify their credential certificates.

Justice Vishwanathan told the Counsel appearing for the State Government, “See, this is not a material breach.”

The Counsel for the State responded that an opportunity was given to all to rectify the documents not in conformity with the advertisement.

Justice JK Maheshwari opined, “So far as credentials are concerned, we can understand that they qualify the examination and then the credentials are required. But how can you on this ground cancel the candidature? Where is the question of the cancellation of the candidature?”