Himachal Pradesh High Court
Smt. Roshni Devi vs State Of H.P & Others R on 4 May, 2015
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
.
CWP No. 9338 of 2013-D
Decided on : 4.5.2015
Smt. Roshni Devi .....Petitioner.
Versus
State of H.P & others r ....Respondents.
Coram:
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?1yes.
For the Petitioner: Mr. Neel Kamal Sood, Advocate.
For the Respondents: Mr. Vivek Singh Attri, Deputy
Advocate General for respondents-
State.
Mr. G.R Palsara, Advoate, for
respondent No.6.
Sureshwar Thakur, J (oral)
The writ petitioner is aggrieved by the impugned order rendered by the learned Divisional Commissioner comprised in Annexure P-10. The learned Divisional 1 Whether reporters of the local papers may be allowed to see the judgment?
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Commissioner Mandi, while being faced with a lis inter-se .
the petitioner herein and respondent No. 6 herein, qua the legality of the order rendered by the Additional District Magistrate, Mandi, dismissed the appeal preferred by the petitioner herein and affirmed the orders rendered by the learned Additional District Magistrate, Mandi. The writ petitioner had earlier instituted a Writ Petition No. 4873 of 2013 before this Court and this Court on considering the import of clause 7(1) of the scheme, which stands extracted hereinafter, applicable to the appointments of "Anganwari workers", as the petitioner herein is, in a scenario as in the instant case where the Selection Committee concerned omitted to award marks to the petitioner, who in compliance thereto despite hers possessing experience certificate as a nursery teacher for three years conveyed in Annexure P-3 from a private crèche nomenclatured as "Samaj Kalyan Vikas Mandal" , even when issued by a private organization aforesaid was concluded to be hence not stripping it of force or its being not recognizable or its ::: Downloaded on - 15/04/2017 18:06:39 :::HCHP ...3...
not holding validity for the purpose of awarding two marks .
for experience garnered therein by the petitioner as a Nursery Teacher, especially when the scheme omitted to portray that the experience certificate as a Nursery Teacher for two years in a crèche ought to emanate only from a government or semi government institution.
"A) Maximum 13 marks for educational qualification will be given in the following manner:-
i) Percentage of marks in metric divided by 10 subject to the maximum of 10 marks.
(ii) Candidates who possess 10+2 and higher educational qualification will be given 3 additional marks.
B) "Maximum 2marks for experience to be given as under:-
One mark for candidates having experience as Anganwadi Helper/ Balsevika/ Balwadi Teacher/ Nursery Teacher for one year or Shishu Palak of ECCE center for 10 months.
Or Two marks for candidates having experience as Anganwadi Helper/ Balsevika/ Balwadi Teacher/Nursery Teacher for two or more years."
C) 2 mark for disabled women having 40% and above disability subject to the condition that the type of disability is not such as to hamper the discharge of her job responsibility.
D) 2 marks for SC/ST/OBC candidates.
E) 2 marks for State Home/Balika Ashram Inmates/Orphans/Widows/ Destitutes and Divorcees.
F) 4 marks for personal interview.
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...4...
Total 25 marks."
.
2. However in paragraph 6 of the judgment aforesaid, this Court does impute, besides compliance to the apposite guidelines, credibility and legal vigor to the enjoined necessity of satiation by the candidate/aspirant with the mandate of a communication issued by the Directorate of Social Justice & Empowerment Himachal Pradesh of 1st Dec, 2006, whose contents personify that the possession of a diploma, in Nursery Teaching ought to precede the subsequent experience garnered by the petitioner as a Nursery Teacher for hence constituting or begetting the ordained cumulative and conjoint compliance with the mandate of clause 7(1) of the apposite scheme and of the apposite communication of the Directorate of Social Justice & Empowerment of 1st December, 2006, whose contents are extracted hereinafter, for hence, foisting a tenable right on the ::: Downloaded on - 15/04/2017 18:06:39 :::HCHP ...5...
aspirant/candidate to claim selection and consequent .
appointment as an "Anganwari Worker'.
"No.14-29/87-ICDS Directorate of Social Justice & Empowerment Himachal Pradesh.
To
1. All the District Programme Officers in Himachal Pradesh.
2. All the Child Development Project Officers in Himachal Pradesh (through DPOs).
Dated Shimla-9 1-Dec-2006.
Subject: Guidelines for the appointment of Anganwari Workers/ Helpers clarification thereof.
Sir, With regard to marks to be given for Nursery Teachers experience, clarifications are being sought by most of the CDPO through respective DPOs. In this regard it is clarified that candidates having DIPLOMA of Nursery teacher and on the basis of that diploma having experience of teaching in any Government/semi Government School may be given experience marks.
Yours faithfully, Director Social Justice & Empowerment, (Himachal Pradesh)"
3. Now, it is not in dispute inter-se the parties at lis that both the aforesaid clause 7(1) of the scheme as well the communication aforesaid, were in existence or were alive at the time when the selection committee ::: Downloaded on - 15/04/2017 18:06:39 :::HCHP ...6...
selected/appointed the petitioner herein as "Anganwari .
worker". Consequently, the conjoint mandate of both the provisions of Clause 7(1) of the scheme as well as of the communication of Directorate of Social Justice & Empowerment Himachal Pradesh of 1st Dec, 2006 necessitated cumulative/conjoint compliance. Besides when both were in existence at the time when the selection committee appointed the petitioner herein, then both held the field. As a corollary then, it was enjoined upon the petitioner to preceding hers obtaining experience of more than 2 years from a private crèche as a Nursery Teacher to also hold or possess a diploma in Nursery Teaching.
However the petitioner herein has been unable to place either before the ADM, Mandi or before the appellate authority, such materiel depicting the factum of hers preceding hers obtaining experience as a Nursery Teacher for 2 years in a private crèche, divulged in Annexure P-3 begotten compliance qua the mandate of the instructions afore-referred constituted by hers prior to hers having joined ::: Downloaded on - 15/04/2017 18:06:39 :::HCHP ...7...
a private crèche as a Nursery Teacher and hers having .
obtained the apposite experience, hers possessing or holding a Diploma as a nursery teacher. In sequel when hers prior to hers having possessed the germane experience from a private crèche as a Nursery Teacher for the ordained period of more than two years hers also possessing a diploma as a Nursery Teacher was a sine qua non for the petitioner warranting the selection committee concerned to award her two marks, especially when the mandate of the apposite rules as well as of the instructions comprised in the communication aforesaid of the Directorate of Social Justice & Empowerment Himachal Pradesh of 1st Dec, 2006 then held force in as much as they governed the selection/appointment of the petitioner herein, besides when the instructions aforesaid are not in supplantation rather are supplemental to the apposite rules ,as such, enjoyed alongwith the apposite rules omnibus legal vigour. Consequently, when she omitted to portray material pronouncing upon her satiating the aforesaid ::: Downloaded on - 15/04/2017 18:06:39 :::HCHP ...8...
mandate of both the apposite rules and the instructions .
aforesaid, obviously cannot sequel a finding that there was any lapse or misdemeanor committed by the selection committee concerned in not awarding two marks to the petitioner. However the learned counsel for the petitioner contends with force that the effect of both the aforesaid rules as well as of communication of the Directorate of Social Justice & Empowerment Himachal Pradesh of 1st Dec, 2006 gets weakened in the face of the government of Himachal Pradesh having issued Annexure P-4 of 5.10.2009, wherein there exists no postulation as exists in the communication of the Directorate of Social Justice & Empowerment Himachal Pradesh of 1st Dec, 2006 of hers preceding to obtain experience as a Nursery Teacher hers possessing or holding a Diploma as a Nursery teacher, as such, he contends that the effect of the apposite rules or of the communication of Directorate of Social Justice & Empowerment Himachal Pradesh of 1st Dec, 2006, preceding Annexure P-4, wanes. However, the said ::: Downloaded on - 15/04/2017 18:06:39 :::HCHP ...9...
argument is a faulty submission, inasmsuch, as, the factum .
of Annexure P-4, coming into existence at a time subsequent to the selection/appointment of the petitioner does not permit it to command or hold sway qua the marks to be awarded to the petitioner herein, on the score aforesaid, rather given the un-controverted fact of the petitioner having come to be selected/appointed in the year 2006, as such, when the rules applicable then are the rules/communication extracted hereinabove, or when they held or commanded the field besides when in consonance thereto the petitioner did not hold or possess a diploma as a nursery teacher as a pre-requisite for foisting a legal sinew to hers only holding the experience certificate comprised in Annexure P-3. Consequently, the omission of the selection committee concerned to not award her two marks cannot be held to be holding no formidability.
4. In view of above, I find no merit in the petition, ::: Downloaded on - 15/04/2017 18:06:39 :::HCHP ...10...
same is accordingly dismissed, as also, the pending .
applications, if any.
4th May, 2015 ( Sureshwar Thakur ),
(priti) Judge.
r to
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