Challenging the appointment of Mrs Meera walia, Member H P Public Service Commission

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Mr Hem Raj a student of law at HP University Shimla approached PeRGO with his claim that the government of Himachal Pradesh had appointed Mrs. Meera Walia as a member of HPPSC, contrary to the provision of Article 316 of the Constitution of India and the law laid down by Apex court. He intended to challenge the appointment of Mrs. Meera Walia on these grounds.

PeRGO decided to help Mr hem Raj by providing him the legal assistance Accordingly, On the basis of information provided by Mr Hem Raj the petition was drafted and was filed in the high court of Himachal Pradesh ( Hem Raj Versus State through Its Chief Secretary & Others -CWP.doc).

The matter was listed before the court. The state of Himachal Pradesh objected to the issuance of notices to the respondents on the ground that the petitioner happened to be a law student and he had no locus standing to maintain the petition. The court overruled the objection and held that the petitioner had every right to maintain the petition. (order).

The matter is pending before the court for further adjudication.

That matter was listed on 30 April 2019 in the high court of Himachal Pradesh where the court has directed Ld. ADVOCATE GENERAL to have instructions as to whether the State Government contemplates enacting Laws or formulating Regulations to prescribe the eligibility and suitability conditions for appointments of Chairman and Members of the State Public Service Commission as also the criteria to be followed for making such appointments. He will also produce the record, especially the report under Section 173 of the Code of Criminal Procedure of the case registered under the Prevention of Corruption Act, in which 3rd respondent was discharged in the year 2013 (order 2) matter is now listed on 17th June 2019.

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