Himachal Pradesh High Court
Himachal Pradesh - 175047 vs State Of Himachal Pradesh on 12 October, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 12th DAY OF OCTOBER, 2022
BEFORE
.
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No.5169 of 2022
Between:-
SMT. PUSHPA KUMARI W/O LT. SH.
RAJNISH KUMAR, R/O VILL. LASSI
(LASSI KHAD), P.O. CHHATRI,
TEHSIL THUNAG AND DISTT. MANDI
HIMACHAL PRADESH - 175047.
......PETITIONER
(BY MR. SUNNY RAWAT, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL
SECRETARY (EDUCATION) TO THE
GOVERNMENT OF HIMACHAL
PRADESH.
2. DIRECTOR ELEMENTARY
EDUCATION, HIMACHAL PRADESH
SHIMLA-9.
3. DEPUTY DIRECTOR ELEMENTARY
EDUCATION, MANDI, HIMACHAL
PRADESH.
4. SUB DIVISIONAL OFFICER (CIVIL)
THUNAG, DISTT. MANDI, HIMACHAL
PRADESH.
5. BLOCK ELEMENTARY EDUCATION
OFFICER SERAJ-I, JANJEHALI,
DISTT. MANDI, HIMACHAL
PRADESH.
6. PRADHAN SCHOOL MANAGEMENT
COMMITTEE, GMS LASSI, P.O.
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2
CHHATRI, TEHSIL THUNAG AND
DISTT. MANDI HIMACHAL PRADESH.
7. GHANSHYAM S/O LT. SH. KAHAN
CHAND VILL. LASSI, P.O. CHHATRI,
TEHSIL THUNAG AND DISTT. MANDI,
.
HIMACHAL PRADESH - 175047
......RESPONDENTS
(MR. ANIL JASWAL, ADDITIONAL
ADVOCATE GENERAL FOR R-1 TO R-5
MR. UMESH KANWAR, ADVOCATE FOR R-7)
This petition coming on for admission this day, Hon'ble
Ms. Justice Sabina, passed the following:
ORDER
Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following relief:-
"i). That the very candidature/selection of the respondent no.7 may kindly be declared null and void as the same was void ab initio, and same may also be set aside keeping in view that the selection of respondent no.7 is against the eligibility criteria laid down by the notification i.e. Annexure-P/1, which states that the candidate shall "Have never been involved in any act of criminal nature". But in this case the respondent no.7 is undergoing trial before the Ld. District and Sessions Judge Rampur under case no. NDPS Act. 63/2021. So selection of respondent no.7 may kindly be set aside.
b. That the result dated 01.06.2022 i.e. Annexure - P/9 for the post of part time multi task worker in the Govt. Middle School Lassi, P.O. Chhatri, Tehsil Thunag and Distt. Mandi Himachal Pradesh may kindly be modified and the 8 marks which were wrongfully given under the respondent no. 7 under the head concerned ward shall be withdrawn. The respondent no. 7 belongs to the ward no.
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C. Keeping in view the averments made in the present petition the selection of respondent no.7 may kindly be set .
aside, and the petitioner who is at serial no.1 in the waiting list (in result Annexure P/9) may kindly be declared as the successful candidate and be appointed as part time multi task worker at Govt. Middle School Lassi, P.O. Chhatri, Tehsil Thunag and Distt. Mandi, Himachal Pradesh."
2. Learned counsel for the petitioner has submitted that now vide Addendum dated 25th August, 2022, Rule-19 has been added to the Policy and as per the said Rule, appeal can be filed before the Additional District Magistrate (ADM) of the District within 15 days of the selection/appointment. In the present case, the result was declared on 1st June, 2022. Hence, the petitioner would not be able to avail the benefit of newly added Rule-19. Learned counsel has further submitted that the petitioner will approach the Additional District Magistrate, Mandi, by way of an appeal within 15 days from today and the same should not be rejected by the competent authority on the ground that it is time barred as Rule 19 has been incorporated on 25th August, 2022.
3. Rule-19, provided vide Addendum dated 25th August, 2022, reads as under:-
::: Downloaded on - 14/10/2022 20:01:55 :::CIS 4" ADDENDUM In partial modification of this Department's Notification No. EDN-C-B(1)2/2019 dated 16 th July, 2020 (as updated upto 11th March, 2022), the Governor, .
Himachal Pradesh is pleased to add "Rule-19 Appellate Authority" in the Part Time Multi Task Workers Policy, 2020 as under:
19. Appellate Authority:
The appeal in respect of complaints relating to PTMTW selection/appointment etc. should be made to the Additional District Magistrate (ADM) of the district within 15 days of the selection/appointment. The appeal will be considered by the Additional District Magistrate (ADM) of the district and disposed off within 30 days from its receipt with suitable directions. If the complainant is not satisfied with the outcome, then he/she may file an appeal with the Director of Higher/Elementary Education, as the case may be, within 15 days from the decision of the Additional District Magistrate (ADM). The appellate authority may dispose off the appeal within 60 days after hearing the appellant.
By Order Devesh Kumar, IAS Pr. Secretary (Education) to the Government of Himachal Pradesh."
4. Keeping in view the submissions made by learned counsel for the petitioner, we deem it appropriate to dispose of the writ petition by permitting the petitioner to approach Additional District Magistrate, Mandi, by way of an appeal within 15 days from today and the said authority will dispose of the appeal in terms of Rule 19, provided vide Addendum dated 25th August, 2022.
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.
6. Pending miscellaneous application(s), if any, shall also stand disposed of.
(Sabina)
Judge
October 12, 2022(ps)
to (Sushil Kukreja)
Judge
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