Himachal Pradesh High Court
Multhan vs The State Of Himachal on 14 July, 2022
Bench: Sabina, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 14th DAY OF JULY, 2022 BEFORE .
HON'BLE MS. JUSTICE SABINA & HON'BLE MS. JUSTICE JYOTSNA REWAL DUA CIVIL WRIT PETITION No.4642 of 2022 Between:-
PRAVEEN THAKUR SON OF SHRI GIAN CHAND RESIDENT OF VILLAGE CHHERNA, POST OFFICE LOHARDI, TEHSIL MULTHAN, DISTRICT KANGRA, H.P. ......PETITIONER (BY MR. VISHWA BHUSHAN, ADVOCATE) AND
1. THE STATE OF HIMACHAL PRADESH THROUGH ITS PRINCIPAL SECRETARY (EDUCATION) TO THE GOVERNMENT OF HIMACHAL PRADESH.
2. THE DIRECTOR ELEMENTARY EDUCATION, HIMACHAL PRADESH, SHIMLA-1.
3. THE DEPUTY DIRECTOR ELEMENTARY EDUCATION, KANGRA AT DHARAMSHALA, DISTRICT KANGRA, H.P.
4. THE BLOCK ELEMENTARY EDUCATION OFFICER, BAIJNATH, DISTRICT KANGRA, H.P.
5. THE SUB DIVISIONAL OFFICER ::: Downloaded on - 14/07/2022 20:03:46 :::CIS 2 (CIVIL)-CUM-CHAIRMAN, SELECTION COMMITTEE (CONSTITUTED FOR SELECTION OF PART TIME MULTI TASK WORKERS), SUB DIVISION BAIJNATH, DISTRICT KANGRA, .
H.P. ......RESPONDENTS (BY MR. ASHWANI SHARMA, ADDITIONAL ADVOCATE GENERAL) This petition coming on for admission this day, Hon'ble Ms. Justice Sabina, passed the following:
r ORDER Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following relief:-
"i) That the act of the selection committee headed by the respondent No.5 in ignoring the disability certificate of the petitioner and in rejecting the candidature of the petitioner for the post of Part Time Multi Task Worker in Government Primary School Chherna, Tehsil Multhan, District Kangra, H.P., may kindly be declared as illegal unjustified, unreasonable, arbitrary, unconstitutional, unwarranted, discriminatory, violative of Article 14 and 16 of the Constitution of India and unsustainable in the eyes of law.
ii) That the respondents/selection committee headed by the respondent No.5 may kindly be directed to consider the candidature of the petitioner by accepting the disability certificate ::: Downloaded on - 14/07/2022 20:03:46 :::CIS 3 (Annexure P-11) of the petitioner for the post of Part Time Multi Task Worker in Government Primary School Chherna, Tehsil Multhan, District Kangra, H.P. .
iii) That the respondents/selection committee headed by the respondent No. 5 may kindly be directed to provide 8 marks to the petitioner for the disability certificate (Annexure P/11)/disability suffered by the petitioner for the post of Part Time Multi Task Worker in Government Primary School Chherna and then the merit of the petitioner may please be prepared accordingly.
iv) That the respondents/selection committee headed by the respondent No. 5 may further be directed to make selection and appointment against the post of Part Time Multi Task Worker in Government Primary School Chherna, Tehsil Multhan, District Kangra, H.P., on the basis of the same merit list prepared after taking in to consideration the disability certificate of the petitioner.
v) That in case, the respondents succeed in making selection or appointment of some other person/ candidate against the post of Part Time Multi Task Worker in Government Primary School Chherna, Tehsil Multhan, District Kangra, during the pendency of the present writ petition, same may kindly be quashed and set aside and the respondents/selection committee may further be directed to make selection and appointment ::: Downloaded on - 14/07/2022 20:03:46 :::CIS 4 against the same post of Part Time Multi Task Worker afresh on the basis of the revised merit list prepared after taking in to consideration the disability certificate of the petitioner."
.
2. After hearing learned counsel for the petitioner, we are of the opinion that at this stage, this petition is premature as the selection process is still going on. There is no document on record showing that the disability certificate relied by the petitioner has been rejected. Accordingly, the writ petition is dismissed being premature.
Pending application(s), if any, shall also stand disposed of.
(Sabina) Judge (Jyotsna Rewal Dua) Judge July 14, 2022(ps) ::: Downloaded on - 14/07/2022 20:03:46 :::CIS