Kiran Bala vs State Of Himachal Pradesh & Others on 27 February, 2015

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Himachal Pradesh High Court

Kiran Bala vs State Of Himachal Pradesh & Others on 27 February, 2015

Bench: Sanjay Karol

    IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

                                    CWP No. 828 of 2014-C




                                                                        .

                                    Date of Decision : February 27, 2015





    Kiran Bala                                                      ...Petitioner
                                    Versus





     State of Himachal Pradesh & others                             ... Respondents


    Coram:

    The Hon'ble Mr. Justice Sanjay Karol, Judge.

    Whether approved for reporting? No.       1




    For the petitioner           : Mr. Amandeep Sharma, Advocate, for the
                                   petitioner.



    For the respondent            : Mr. R. S. Verma, Addl. Advocate General
                                    and Mr. H. K. S. Thakur, Addl. Advocate




                                    General for the respondents-State.





    Sanjay Karol, J. (Oral)

Petitioner has prayed for the following relief:

"(a) To issue the writ of mandamus directing the respondents to consider the present petitioner for the post of language teacher in Hindi and further be directed to give the appointment to the present petitioner to the post of language teacher in Hindi."

Whether reporters of Local Papers may be allowed to see the judgment?

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2. Essentially it is her grievance that her case for appointment to the post of language teacher in Hindi, was .

not considered for the reason that she had not qualified the same as an elective subject, while obtaining her Bachelors Degree from University of Panjab.

3. Respondents themselves have pleaded in their response as under:-

"9. ... However, it is submitted that the graduation and M.A. examinations are conducted by the H.P. University or any other University and to make any distinction between additional and elective subject falls in their domain and it can be defined only by the University concerned. The action of the replying respondent cannot be held illegal and arbitrary as the RAP Rules in vogue at present are to be followed while making appointment to the post of Language Teacher."

4. Noticeably, petitioner has placed on record certificate issued by the Office Superintendent (Regulations), Panjab University, Chandigarh (Annexure P-5), clarifying that Hindi passed by her as an additional subject, while obtaining Bachelor's Degree from the University, is considered as an elective subject, so prescribed under the said examination.

As such, non examination of the petitioner's case, in the light of notification dated 16.11.2013 as also the R&P Rules ::: Downloaded on - 15/04/2017 17:40:17 :::HCHP 3 so framed for the appointment to the post of language teacher is legally unsustainable.

5. In view of the same, petition is allowed with a direction to respondents No. 1/2 to consider the petitioner's case for appointment as a language teacher, in accordance with the R&P Rules. Consequential action be positively taken within a period of three months from the date of production of certified copy of this order.

With the aforesaid observations, petition stands disposed of, as also the pending application(s), if any.

(Sanjay Karol), Judge.

February 27 , 2015 (PK) ::: Downloaded on - 15/04/2017 17:40:17 :::HCHP

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Himachal Pradesh High Court