Himachal Pradesh High Court
Paonta Sahib vs State Of Himachal Pradesh on 6 September, 2022
Bench: Sabina, Sushil Kukreja
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 6th DAY OF SEPTEMBER, 2022
BEFORE
.
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No.6176 of 2022
Between:-
PRATIMA DEVI, W/O SH. DHIRENDER
SINGH, RESIDENT OF VILLAGE AND
POST OFFICE KHODRI MAJRI, TEHSIL
PAONTA SAHIB, DISTRICT SIRMOUR,
H.P.
r ......PETITIONER
(BY MR. VINOD CHAUHAN, ADVOCATE)
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 SIRMOUR AT NAHAN,
HIMACHAL PRADESH.
4. BLOCK ELEMENTARY EDUCATION
OFFICER PAONTA SAHIB, DISTRICT
SIRMOUR, HIMACHAL PRADESH.
5. SUB-DIVISIONAL OFFICER (CIVIL)
PAONTA SAHIB, DISTRICT SIRMOUR,
H.P.
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2
6. NISHA DEVI, W/O SH. BHIM SINGH, R/O
VILLAGE MAJRI PHARUWALA, P.O.
KHODRIMAJRI, TEHSI PONTA SAHIB,
DISTRICT SIRMOUR, H.P.
......RESPONDENTS
.
(MR. ASHWANI SHARMA, ADDITIONAL
ADVOCATE GENERAL,P FOR R-1 TO 5)
This petition coming on for orders 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 substantive relief(s):-
"i). To quash and set aside the clarification (Annexure P-7) provided in the policy for engagement for part Time Multi Task Workers in Govt. schools in H.P. specifically in Serial No.1 Clause 7 (iv)(i) in which the meaning of the terms 'Family' has been given as 'Land Donor' or his/her spouse and their children as being unconstitutional and arbitrary and against the meaning as provide in law
ii) That the result contained in Annexure P-8 whereby respondent No.6, has been selected for the Part Time Multi Task Worker may kindly be quashed and set aside and further the respondents may kindly be directed to grant 8 marks qua land donation and being a member of low income family and elder in age, petitioner may kindly be offered appointment to the post of Part Time Multi Task Worker in Govt. Primary School ::: Downloaded on - 06/09/2022 20:14:44 :::CIS 3 Khodri Majri, Education block Paonta Sahib, Dsitrict Sirmaur H.P.
iii) To award marks in favour of the petitioner under the category "for candidates whose families have donated .
land for school" 8 marks in view of the equality principle enshrined in Article 14 and 16 of the Constitution of India.
iv) To extend date of submission of applications for the post of Part Time Multi Task Worker in view of the changing of Rules of Games in the middle of the selection process so that the petitioner and other eligible applicants/candidates may get equal opportunity of applying for the post of Part Time Multi Task Worker alongwith a required documents as clarified vide Annexure P-7. "
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 30.06.2022. 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, Sirmaur, H.P., 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 25 th August, 2022.::: Downloaded on - 06/09/2022 20:14:44 :::CIS 4
3. Rule-19, provide vide Addendum dated 25 th August, 2022, reads as under:-
"ADDENDUM .
In partial modification of this Department's Notification No.EDN-C-B(1)2/2019 dated16th 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, ::: Downloaded on - 06/09/2022 20:14:44 :::CIS 5 Sirmaur, H.P., 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 not be rejected on the ground of delay, but would be disposed of on merits.
Pending miscellaneous application(s), if any, also stand disposed of.
( Sabina ) Judge ( Sushil Kukreja ) Judge September 06, 2022 (reena) ::: Downloaded on - 06/09/2022 20:14:44 :::CIS