Himachal Pradesh High Court
Neetu Sharma Wife Of Sh.Naveen vs State Of H.P on 13 April, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 13th DAY OF APRIL, 2022
BEFORE
.
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
CIVIL WRIT PETITION (TRIBUNAL) No. 6494 OF 2019
BETWEEN:-
NEETU SHARMA WIFE OF SH.NAVEEN
SHARMA RESIDENT OF V&PO
MATLAHAR, TEHSIL JAWALI, DISTT.
KANGRA, H.P. ...PETITIONER
(BY SH. SANJEEV BHUSHAN, SENIOR ADVOCATE
ALONGWITH MR.RAJESH KUMAR, ADVCATE.)
AND
1. STATE OF H.P. THROUGH PRINCIPAL
SECRETARY (EDUCATION), SHIMLA.
2. DIRECTOR OF HIGHER EDUCATION,
GOVT. OF H.P., SHIMLA.
3. PARENTS TEACHERS ASSOCIATION,
GOVT. SENIOR SECONDARY SCHOOL,
AMNI, TEHSIL JAWALI, DISTT. KANGRA,
THROUGH ITS SECRETARY. ...RESPONDENTS
(BY MS.DIVYA SOOD, DEPUTY
ADVOCATE GENERAL.)
Whether approved for reporting?
This petition coming on for hearing this day, the Court
delivered the following:
JUDGMENT
Petitioner has approached this Court against denial of her appointment on PTA basis as Lecturer Chemistry in Government Senior Secondary School, Amni, District Kangra, H.P.
2. Petitioner's case in brief is that she, alongwith others, had appeared in the interview conducted on 20.9.2007 for appointment of Lecturer Chemistry in Government Senior Secondary School Amni, District Kangra on PTA basis. The Selection Committee, as evident from Annexure A-1, had recommended name of one Upender Kumar as a ::: Downloaded on - 24/12/2022 09:13:45 :::CIS 2 CWPOA No. 6494 of 2019 selected candidate on the basis of merit for securing 55.36 marks, whereas petitioner was placed at second position with 53.89 marks.
3. Upinder Kumar was allowed 5.08 marks as teaching .
experience and awarding of these marks was assailed by petitioner on the ground that Experience Certificate produced by the said Upender Kumar was fake and fabricated. In pursuance to directions of the Court, respondent-State had constituted Inquiry Committee(s) headed by concerned Sub Divisional Magistrate SDO (C) to enquire such cases and Writ Petition of petitioner was disposed of, alongwith other similar petitions, with direction to the petitioner to approach Inquiry Committee to for redressal of her grievance.
4. On the basis of complaint of petitioner Inquiry Committee headed by Chairman-cum-Sub Divisional Magistrate, Jawali, in the year 2008, had held that experience certificate produced by Upender Kumar was fake and Selection Committee had ignored the merit and, therefore, recommended his appointment non-acceptable.
5. The aforesaid decision of Inquiry Committee was assailed by Upender Kumar by filing CWP No. 2480 of 2008, titled Upender Kumar Vs. State of H.P., which was disposed of by this High Court alongwith bunch of similar petitions vide order dated 11.11.2010, directing the respondents-State to decide the cases of appointment of PTA teachers afresh in terms of guidelines issued by the High Court.
6. In pursuance to the aforesaid directions of High Court, case of Upender Kumar was considered by the Committee and after going through the record, the Committee had observed that result sheet of final interview showed that Upender Kumar had been awarded 5.08 marks of ::: Downloaded on - 24/12/2022 09:13:45 :::CIS 3 CWPOA No. 6494 of 2019 Experience Certificate, which was against the approved criteria of PTA Selection Committee adopted before the interview and in view of that selection of the said Upender Kumar as Lecturer in Chemistry was .
declared to be irregular and against the self adopted criteria for the selection, resultantly appointment of Upender Kumar was set aside.
7. Upender Kumar had filed an appeal bearing No. 2 of 2022, dated 28.5.2011 before Deputy Commissioner, Kangra against order of No. 4. to Sub Divisional Magistrate, Jawali, wherein petitioner was also respondent The said appeal was disposed of by Deputy Commissioner, Kangra on 27.2.2013 with observation that final conclusion to certificate of Upender Kumar could be arrived after proper inquiry by associating the concerned authority, which had issued the certificate and the case was remanded to Sub Divisional Magistrate, Jawali-cum-Chairman of Inquiry Committee. Thereafter, Upender Kumar had to appear before Inquiry Committee, but he did not appear before the Inquiry Committee alongwith his Experience Certificate, which was subject matter of the inquiry.
8. As Upender Kumar had himself filed the appeal, wherein he was directed to appear before the Inquiry Committee, the Inquiry Committee had closed the matter for non-appearance of Upender Kumar, who was aggrieved by earlier decision of Inquiry Committee, placed on record as Annexure P-3, whereby appointment of Upender Kumar was rejected.
9. On attaining finality of rejection of selection of Upender Kumar in the proceedings initiated by petitioner Neetu Sharma, who was second in the select list of interviewed candidates, petitioner approached the respondents for her appointment in place of Upender Kumar and ::: Downloaded on - 24/12/2022 09:13:45 :::CIS 4 CWPOA No. 6494 of 2019 when she did not receive any information with respect to her request, she obtained the information under the Right to Information Act through one K.C. Sharma, which has been placed on record as Annexure A-6. In this .
information Additional Director, Higher Education, admitting that the case of Neetu Sharma Vs. Upinder Kumar was decided by the Sub Divisional Committees 2 times in favour of Neetu Sharma, has informed that case of Neetu Sharma was sent to D.E.HP Shimla for its perusal and further
10. to necessary action for detailed reference.
Thereafter petitioner had submitted an application dated 6.7.2015 to the Director Higher Education seeking her appointment in pursuance to interview dated 20.9.2007 being a candidate at first position after rejection of selection of Upender Kumar.
11. In response to the aforesaid application dated 6.7.2015, Additional Director Higher Education had responded vide communication dated 28.8.2015, stating therein that Government had stopped appointment/selection process on PTA basis vide instructions dated 3.1.2008 and thereafter Government had framed the Inquiry Committee to enquire the irregularities in the appointment of teachers by PTAs and guidelines were issued vide Notification dated 27.5.2008 and in those guidelines there was no direction to engage any teacher on PTA basis and, therefore, application of the petitioner was rejected.
12. Being aggrieved by the aforesaid rejection, petitioner has filed the present petition. In reply to the petition, the stand communicated vide communication dated 28.10.2015 has been re-iterated.
13. Petitioner is seeking her appointment in pursuance to the process initiated in the year 2007 which was concluded on 20.9.2007, ::: Downloaded on - 24/12/2022 09:13:45 :::CIS 5 CWPOA No. 6494 of 2019 wherein one Upender Kumar was declared selected and was appointed whereas petitioner was declared second in the select list. Appointment of Upender Kumar was assailed by petitioner disputing genuineness of his .
experience certificate and ultimately it was concluded that 5.08 marks awarded to Upender Kumar for Teaching Experience were based on fake certificate and, therefore, his selection was found irregular. After reduction of 5.08 marks from the marks obtained by Upender Kumar, his marks would be 50.28, whereas petitioner had obtained 53.89 marks and, therefore, petitioner was, as a matter of fact, a candidate at first position in the said selection process. Petitioner had assailed appointment of Upender Kumar immediately after his selection and thereafter matter was adjudicated by the High Court, Deputy Commissioner as well as Sub Divisional Magistrate, which attained finality on 30.6.2014 when proceedings initiated at the instance of Upender Kumar were closed when he did not appear for verification of legality of his Experience Certificate.
14. Petitioner is to be considered as a selected candidate in the interview conducted on 20.9.2007 in a process initiated in the year 2007 and, therefore, her appointment has to be related to the process initiated in the year 2007, completed on 20.9.2007 and thus subsequent Government instructions dated 3.1.2008, whereby appointment of teachers on PTA basis was stopped, are not applicable in the case of petitioner. This is not a case where process has been initiated after 3.1.2008 or appointment on PTA basis was made after 3.1.2008, but everything was complete on 20.9.2007 prior to 3.1.2008.
15. In aforesaid facts and circumstances, rejection of claim of appointment of petitioner as Lecturer Chemistry on PTA basis in ::: Downloaded on - 24/12/2022 09:13:45 :::CIS 6 CWPOA No. 6494 of 2019 Government Senior Secondary School, Amni, District Kangra, H.P. is quashed and respondents are directed to offer appointment to the petitioner on or before 30.5.2022 as Lecturer Chemistry on PTA basis in .
Government Senior Secondary School Amni, District Kangra, H.P. w.ef. 20.9.2007 on notional basis with all consequential benefits, except monetary benefits, till her actual appointment and thereafter she shall be entitled for all consequential benefits on the basis of length of service counting from date of initial appointment. In case there is no vacancy available as on date in that school, then in any other school in District Kangra on or before 30th May, 2022 and in case there is no vacancy available in District Kangra, then anywhere in State of Himachal Pradesh. It is made clear that petitioner shall be entitled for all consequential benefits, except monetary benefits till her actual appointment, including continuity, seniority and counting of service for all such benefits which have been extended to similarly situated PTA appointees including appointment on contract/regularization on completion of requisite length of service treating her in service since 20.9.2007.
16. Failing in appointment of petitioner on or before 30th May, 2022, respondents shall also be liable to pay monetary benefits to her from August, 2015 onwards alongwith all consequential benefits including increments etc. The petition is allowed in aforesaid terms.
(Vivek Singh Thakur), th 13 April, 2022 Judge.
(Keshav) ::: Downloaded on - 24/12/2022 09:13:45 :::CIS