Himachal Pradesh High Court
Years vs State Of Himachal Pradesh Through on 11 November, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
.
ON THE 11th DAY OF NOVEMBER, 2022
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No. 5711 of 2022
Between:-
MURLI RAM S/O SH. BHAGI RATH, AGED 21
YEARS, R/O VILLAGE CHHATER, POST OFFICE
BHADERWAR, TEHSIL SARKAGHAT, DISTRICT
MANDI, HP.
....PETITIONER
(BY MS. RICHA THAKUR, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH THROUGH
SECRETARY(EDUCATION) TO THE
GOVERNMENT OF HIMACHAL PRADESH,
SHIMLA-2;
2. DIRECTOR ELEMENTARY EDUCATION,
HIMACHAL PRADESH, SHIMLA-1;
3. DEPUTY DIRECTOR OF ELEMENTARY
EDUCATION, MANDI, DISTRICT MANDI,
HIMACHAL PRADESH;
4. BLOCK ELEMENTARY EDUCATION OFFICER,
GOPALPUR-1, DISTRICT MANDI, HIMACHAL
PRADESH;
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2
5. SELECTION COMMITTEE FOR THE POST OF
PART TIME MULTI TASK WORKER FOR
GOVERNMENT MIDDLE SCHOOL CHHATER
TANDOH THROUGH ITS CHAIRMAN-CUM-SUB
.
DIVISIONAL OFFICER(CIVIL), SARKAGHAT,
MANDI, DISTRICT MANDI, HIMACHAL
PRADESH;
6. GOVERNMENT MIDDLE SCHOOL CHHATER
TANDOH UNDER COMPLEX GOVERNMENT
SENIOR SECONDARY SCHOOL, BHADERWAR,
EDUCATION BLOCK GOPALPUR-1 DISTRICT
MANDI, HP THROUGH ITS
HEADMASTER/PRINCIPAL.
7. SCHOOL MANAGEMENT COMMITTEE,
GOVERNMENT MIDDLE SCHOOL CHHATER
TANDOH UNDER COMPLEX, GOVERNMENT SR.
SECONDARY SCHOOL, BHADERWAR,
EDUCATION BLOCK GOPALPUR-1, DISTRICT
MANDI, HIMACHAL PRADESH THROUGH ITS
PRESIDENT;
8. VIKASH SHARMA S/O SH. SHIV KUMAR R/O
VILL. CHHATER TANDOH, PO BHADERWAR,
TEHSIL SARKAGHAT, DISTRICT MANDI, HP.
....RESPONDENTS
(MR. GAURAV SHARMA & MS. DIVYA SOOD,
DEPUTY ADVOCATES GENERAL, FOR R-1 TO R-6)
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 reliefs:-
::: Downloaded on - 11/11/2022 20:32:18 :::CIS 3"i. That the offer of appointment made to the private respondent on 15.6.2022 (Annexure P-4) may kindly be quashed and set aside;
.
ii. That the income certificate issued in favour of private respondent (Annexure P-7) and non-employment certificate, which could not be procured by the petitioner, may kindly be called for from the respondents after taking the same on record, same may kindly be quashed and set aside;
iii. That the respondent No.5 may kindly be directed to reassess the merit of the candidates appeared in interview dated 24.5.2022 for the post of Part Time Multi Task Worker in Government Middle School Chhater Tandoh after excluding 03 marks for non- employment status and if the petitioner is found top in merit, he may be offred appointment to the post in question;
iv. That the respondents may kindly be directed to give preference to the petitioner, on the basis of lower family income as per Clause 3 of clarification dated 24.5.2022, if this Hon'ble Court comes to the conclusion that there is a tie situation."
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 15th June, 2022. Hence, the petitioner would not be able to avail the ::: Downloaded on - 11/11/2022 20:32:18 :::CIS 4 benefit of newly added Rule-19. Learned counsel has further submitted that the petitioner will approach the Additional District Magistrate .
(ADM), Mandi, District 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 the Rule-19 has been incorporated on 25th August, 2022.
3. Rule-19, provided vide Addendum dated 25 th August, 2022, reads as under:-
r to
"ADDENDUM
In partial modification of this Department's Notification No. EDN-C-B(1)2/2019 dated 16th 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."
::: Downloaded on - 11/11/2022 20:32:18 :::CIS 54. 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 (ADM), Mandi, District 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.
5. It is clarified that the appeal filed by the petitioner would merits.
r to not be rejected on the ground of delay, but would be disposed of on Pending miscellaneous application(s), if any, also stand disposed of.
(Sabina) Judge (Sushil Kukreja ) Judge November 11, 2022 (Guleria) ::: Downloaded on - 11/11/2022 20:32:18 :::CIS