Himachal Pradesh High Court
Jabna Devi Wife Of Shri Megh Singh vs State Of Himachal Pradesh Through on 9 June, 2022
Author: Satyen Vaidya
Bench: Satyen Vaidya
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
.
ON THE 9th DAY OF JUNE, 2022
BEFORE
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION No. 3650 of 2022
BETWEEN:
JABNA DEVI WIFE OF SHRI MEGH SINGH,
RESIDENT OF VILLAGE CHHALWATAN, POST
OFFICE GHAT, TEHSIL BALI CHOWKI, DISTRICT
MANDI, H.P.
........PETITIONER
(BY SHRI SUBHASH MOHAN SNEHI AND SHRI
DEVENDER SHARMA, ADVOCATES)
AND
1. STATE OF HIMACHAL PRADESH THROUGH
ITS PRINCIPAL SECRETARY (EDUCATION)
TO THE GOVERNMENT OF HIMACHAL
PRADESH.
2. DIRECTOR ELEMENTARY EDUCATION
HIMACHAL PRADESH LALPANI, SHIMLA,
H.P.
3. DEPUTY DIRECTOR ELEMENTARY
EDUCATION MANDI, DISTRICT MANDI, H.P.
4. SUBDIVISIONAL OFFICER (CIVIL)
BALICHOWKI, DISTRICT MANDI, H.P.
5. BLOCK ELEMENTARY EDUCATION OFFICER
BALICHOWKI, DISTRICT MANDI, H.P.
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6. SCHOOL MANAGEMENT COMMITTEE,
GOVERNMENT MIDDLE SCHOOL
CHALWATAN, DISTRICT MANDI, H.P.
THROUGH ITS PRESIDENT.
.
7. ASHA DEVI WIFE OF LATE SH. BHOOP
SHIGH, RESIDENT OF VILLAGE
CHHALWATAN, POST OFFICE GHAT, TEHSIL
BALI CHOWKI, DISTRICT MANDI, H.P.
.........RESPONDENTS
(SHRI NARENDER SINGH THAKUR AND SHRI
YUDHVEER SINGH THAKUR,DEPUTY ADVOCATE
GENERALS FOR R1 TO 5.)
______________________________________________________________________
This petition coming on for orders this day, this Court
passed the following :
ORDER
Petitioner has approached this Court for following substantive reliefs:
"1. Issue a writ of certiorari to quash Annexure P-9 i.e. impugned selection list of PTMTW Education Block Seraj-II at Balichowki issued by the respondent No.4 qua the respondent No.7.
2. Issue a writ of mandamus directing the Respondent authorities not to appoint the respondent No.7 for the post of Part Time Multi Task Worker at GMS Chalwatan, Education Block Seraj-II at Balichowki, which has been done without adopting selection process under Clause 7 of the notification dated 11th March 2022 i.e. Annexure P-7.::: Downloaded on - 10/06/2022 20:02:38 :::CIS
3. Issue a writ of mandamus directing the Respondent authorities to appoint the petitioner fo the post of Part Time Multi Task Worker at GMS Chalwatan, Education Block Seraj-II at .
Balichowki as per Clause 7 of notification dated 11.03.2022."
2. The precise case of the petitioner is that the selection of respondent No.7 as Part Time Multi Task Worker at GMS Chalwatan, Education Block SerajII at Balichowki, District Mandi, H.P. is bad in law, as the petitioner being one of the candidates has been ignored despite being entitled for higher marks than respondent No.7. The premise on which petitioner has staked claim for higher marks is that her fatherinlaw had donated land for the school and therefore as per eligibility criteria, petitioner is entitled for eight marks on this count.
3. Sh. Narender Singh Thakur, learned Deputy Advocate General has placed on record a communication dated 24.05.2022, whereby respondent No.2 has intimated all the Deputy Directors Elementary Education in the State of Himachal Pradesh regarding clarifications in respect of the Policy for engagement of Part Time Multi Task Worker in Government Schools in Himachal Pradesh. One of the clarification so intimated at serial No.4(i) is that the term "Family" as described in Clause 7(iv) of the Policy will include only land donor or his/her spouse or their children.
::: Downloaded on - 10/06/2022 20:02:38 :::CIS4. Learned Deputy Advocate General has further submitted that the abovenoted clarification issued by the State Government has .
been upheld in CWP No. 3522 of 2022, decided by Division Bench of this Court on 03.06.2022.
5. Perusal of communication dated 24.05.2022, issued by respondent No.2 reveals that the term "Family" as contained in Clause 7(iv) of the Policy issued by Government of Himachal Pradesh for recruitment to the post of Part Time Multi Task Worker has been clarified to include only the land donor or his/her spouse or their children. The clarification so issued by respondent No.2, has been upheld by Division Bench of this Court vide judgment dated 03.06.2022 in CWP No. 3522 of 2022.
6. Petitioner being daughterinlaw of land donor does not fall within the term family as per clause 7(iv) of the Policy. Thus, the instant petition filed by the petitioner is without any justifiable cause of action and hence deserves to be dismissed.
7. Accordingly, the instant petition is dismissed, so also the pending miscellaneous application(s), if any.
(Satyen Vaidya) Vacation Judge 9th June, 2022 (sushma) ::: Downloaded on - 10/06/2022 20:02:38 :::CIS .
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