Himachal Pradesh High Court
Rashmi Kumari & Another vs State Of H.P. & Others on 28 March, 2023
Bench: Sabina, Satyen Vaidya
1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA LPA Nos.91 of 2019 and 63 of 2020.
Reserved on : 23rd March, 2023 .
Decision on : 28th March, 2023.
1. LPA No. 91 of 2019.
Rashmi Kumari & Another ......Appellants Versus State of H.P. & Others ......Respondents
2. LPA No. 63 of 2020 Rajeev Rattan & Another ......Appellants Versus State of H.P. & Others ......Respondents Coram:
The Hon'ble Ms. Justice Sabina, Acting Chief Justice The Hon'ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting?1 1. LPA No.91 of 2019 For the appellants : Mr. Onkar Jairath & Mr. Shubham Sood, Advocates.
For the respondents : Mr. Anup Rattan, Advocate General with Mr. Rakesh Dhaulta, Additional Advocate General for respondents No.1 to 4.
Mr. Sanjeev Bhushan, Senior Advocate with Mr. Rakesh Chauhan, Advocate for respondents No.5 and 6.
2. LPA No. 63 of 2020.
For the appellants : Mr. Sanjeev Bhushan, Senior Advocate with Mr. Rakesh Chauhan, Advocate.
1Whether reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 28/03/2023 20:40:17 :::CIS 2For the respondents : Mr. Anup Rattan, Advocate General with Mr. Rakesh Dhaulta, Additional Advocate General for respondents No.1 to 4.
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Mr. Onkar Jairath & Mr. Shubham Sood, Advocates for respondents No.5 and 6.
Sabina, Acting Chief Justice (Oral) Vide this order above mentioned two Letters Patent Appeals would be disposed of as they have arisen out of a common order.
2. Petitioners Rajeev Rattan and Savitri Devi had filed writ petition under Article 226 of the Constitution of India, seeking following relief:-
"i) That an appropriate writ, order or directions may very kindly be issued to the respondents and selection and appointment of respondents No.5 and 6 as TGT (History) and TGT (Hindi) respectively may kindly be quashed and set asid.
ii) That a writ in the nature of mandamus may kindly be issued to the respondents to offer appointment to both the petitioners respectively for the posts of TGT (History) and TGT (Hindi) respectively on SMC basis being the most meritorious candidates in the interest of law and justice."
3. Case of the petitioners was that posts of PGT (History) and PGT (Hindi) were lying vacant in Government Senior Secondary School, Ligga, District Chamba. Petitioners Rajeev Rattan had applied for the post of PGT (History), whereas, Savitri Devi had applied for the post of PGT (Hindi). Petitioners appeared in the interview, but were surprised to ::: Downloaded on - 28/03/2023 20:40:17 :::CIS 3 find out that respondent Rashmi had been selected for the post of PGT (History), whereas, respondent Taruna was selected for the post of PGT .
(Hindi). The writ petition was filed on the ground that the petitioners were more meritorious than respondents Rashmi and Taruna. It was also submitted that the petitioners had not been allotted 10 marks for being resident of the same Patwar Circle.
4. Case of official respondents as per their reply was that Government had notified the Policy dated 17th July, 2012 to engage teachers through School Management Committee in difficult/tribal areas keeping in view the fact that the studies of the students in those areas may not suffer. 10 marks were to be awarded to the candidates, who belonged to the Patwar Circle where the school was situated. As per condition No.5 of the Policy, School Management Committee would conduct an interview and follow distribution of marks for evaluation during the course of selection process as per Annexure-II. Preference would be given to local eligible candidates. Respondents Rashmi and Taruna had been selected in terms of the Policy for the post of Post Graduate Teacher (History) and (Hindi), respectively.
5. Respondents Rashmi and Taruna in their reply stated that petitioners were residents of Gram Sabha, Thakuri Mitti, Gram Panchayat Thakuri Mitti and on 19th May, 2014, they got removed their names from Parivar Register of the concerned Panchayat and had got their names entered in Gram Sabha Ligga, although they were still residing in the area ::: Downloaded on - 28/03/2023 20:40:17 :::CIS 4 of Gram Sabha, Thakuri Mitti. Petitioner Rajeev Rattan had contested the Panchayat Election for the post of 'Up-Pradhan' held on 1st January, 2016 .
from Gram Sabha Thakuri Mitti. This showed that the petitioners were resident of Patwar circle, Thakuri Mitti. Since the respondents had secured higher marks than the petitioners, they have been rightly selected by the competent authority.
6. Learned Single Judge vide impugned judgment dated 6 th
7. 2019, reads as under:-
November, 2019 disposed of the writ petition filed by the petitioners.
Operative part of the impugned order dated 6th November, "4. Obviously, in such circumstances, the selection conducted by the authorities cannot sustain as admittedly respondents No. 5 and 6 were not eligible as on the date of selection for being appointed and that apart the petitioners being permanent residents of the concerned Panchayat were required to be awarded 10 marks as per the eligibility criteria.
5. Having said so, I find merit in this petition and consequently, the same is allowed and the selection conducted by the respondents is set aside in its entirety and the respondents are directed to conduct a fresh selection on the basis of the Rules ibid.
6. At this stage, it is represented by Shri Nimish Gupta, learned Advocate, that since his clients have improved the qualification and have obtained more than 50% marks, therefore, they be also considered.::: Downloaded on - 28/03/2023 20:40:17 :::CIS 5
7. I find merit in this contention. Once the Court has ordered fresh selection, then obviously the eligibility of the candidates has to be seen on the date .
of said selection.
8. The official respondents are directed to undertake and complete the necessary exercise within two months from today. Till such time the services of private respondents No. 5 and 6 shall not be dispensed with and would be continued.
8. The instant petition is disposed of in the aforesaid terms. Pending application(s), if any, also stands disposed of."
8. Aggrieved against the above said order petitioners as well as respondents have preferred Letters Patent Appeals.
9. Learned Senior counsel for appellants Rajeev Rattan and Savitri Devi has submitted that in fact Rashmi and Taruna were not qualified for the post of Post Graduate Teacher (History) and (Hindi) as they had not secured minimum marks in their post graduation. Moreover, petitioners were liable to be granted 10 marks as they were residents of the same Patwar Circle.
10. Learned counsel for respondents Rashmi and Taruna has submitted that Rajeev Rattan and Savitri Devi were not entitled for grant of 10 marks as claimed by them because they had got their names deleted from Parivar Register maintained by Gram Sabha, Thakuri Mitti in May, 2014 with a view to apply for the jobs in question and had got their ::: Downloaded on - 28/03/2023 20:40:17 :::CIS 6 names registered in Gram Sabha, Ligga. Appellants Rashmi and Taruna had, although, got less than 50% marks in their post graduation, but they .
had later improved their qualification. The said appellants were continuing in service for the last eight years and at this stage, it would not be justifiable to set aside their appointments. Appellants Rashmi and Taruna had filed CWP No.2706 of 2018 along with others and the same was decided on 27th June, 2019. In the said case, it was held that the fact that the said appellants did not have the minimum qualification as per Rules was not material as the same was to be looked into at the time of their regular appointment. The appellants had been engaged through concerned School Management Committee headed by Sub Divisional Magistrate and had improved their qualifications. Hence, they were entitled for the release of grant-in-aid.
11. In the present case, one post of Post Graduate Teacher (History) and one post of Post Graduate Teacher (Hindi) were sought to be filled up through School Management Committee. It has not been disputed during the course of arguments that as per the Recruitment and Promotion Rules, minimum qualification for appointment to the post of Post Graduate Teacher was Master's degree in the subject concerned from a recognized University with minimum of 50% marks in aggregate in the subject concerned.
12. Admittedly, Rashmi was having 49.5% marks in M.A. (History), whereas, Taruna was secured 46.9% marks in M.A. (Hindi).
::: Downloaded on - 28/03/2023 20:40:17 :::CIS 7Thus, Rashmi as well as Taruna were not having the minimum qualification required for the post of Post Graduate Teacher, as per the .
relevant Rules. School Management Committee Policy was framed with a view that the studies of the students living in Tribal/difficult area may not suffer. The comparative chart of academic particulars of Rajeev Rattan and Rashmi Sharma vis-à-vis interview for recruitment of Post Graduate Teacher (History) in Government Senior Secondary School, Ligga. is as S N under :-
Name of Father's/ Home address applicant Husband' rGraduation(10) B.Ed.(10) Post Graduation(10) Ph Patwar D Circle Total Viva Result s Name Obt % 10% Obt % 10% Obt % 10% marks Marks marks
1. Rajeev Shakti Vill. Dighai, PO 583/ 58 5.8 683/ 62.1 6.2 633/ 52.8 5.27 17.3 5 22.30 Rattan Kumar Ligga, Teh. 1000 1100 1200 Salooni, Distt Chamba
5. Rashmi Bhupesh Vill Janna, PO 414/ 41 4.1 640/ 64 6.4 396/ 49.5 4.95 15.49 8 23.49 Sharma Sharma Thakri Matti, 1000 1000 800 Tehsil Salooni, Distt Chamba
13. So far as academic particulars of Savitri Devi and Taruna with regard to interview for the recruitment to the Post Graduate Teacher (Hindi) are concerned, the same are reproduced hereinbelow:-
S Name of Father's/ Home address Graduation(10) B.Ed.(10) Post Ph Patw Total Viva Result N applicant Husband' Graduation(10) D ar s Circl e Obt % 10% Obt % 10% Obt % 10% marks Marks marks 13 Taruna Shalender C/o Iwari Prasad 438/ 43.8 4.4 591/ 59.1 5.9 750/ 46.9 4.68 14.97 8 22.97 Sharma Sharma iv Vatika Janna, 1000 1000 1600 PO Thakri Matti Teh Salooni Distt Cba 17 Savitri Rajeev Vill Dighaie, PO 576/ 57.6 5.8 681/ 61.9 6.2 929/ 58.1 5.8 17.75 4 21.75 Devi Rattan Ligga, Tehsil 1000 1100 1600 Salooni, Distt Chamba ::: Downloaded on - 28/03/2023 20:40:17 :::CIS 8
14. Thus, so far as Rajeev Rattan is concerned, he had got 52.8% marks in his post graduation degree, whereas, Rashmi Sharma .
had got 49.5% marks. A perusal of Annexure P-12 further reveals that many other candidates had also got more than 50% marks in their post graduation degree. It is not a case where a candidate having requisite minimum educational qualification was not available. Rather out of eight candidates, who had appeared in the interview for the recruitment of Post Graduate Teacher (History), six candidates had got more than 50% marks in post graduation degree. It is not understandable as to why Rashmi Sharma, who was not having the minimum educational qualification, had been selected for the post of Post Graduate Teacher (History). So far as Rashmi Sharma is concerned, her candidature was liable to be rejected as she did not have minimum educational qualification of 50% aggregate marks in her Master's degree. In this situation there was no occasion to have selected Rashmi Sharma for the post of Post Graduate Teacher (History). So far as Rajeev Rattan, is concerned, he would have ranked at No.1 in the merit list, if the case of Rashmi Sharma was rejected on the ground that she was not qualified for the post. Thus, so far as the post of Post Graduate Teacher (History) is concerned, the same should have been offered to Rajeev Rattan and not to Rashmi Sharma.
15. A perusal of Annexure P-13 shows that eight candidates had appeared in the interview. Savitri Devi, had secured 58.1% marks in her Master's degree, whereas, Taruna had secured 46.9% marks in her ::: Downloaded on - 28/03/2023 20:40:17 :::CIS 9 Master's degree. Out of 8 candidates, who had appeared in the interview, 7 candidates had more than 50% marks in Master's degree and .
thus they were having necessary educational qualification required for the job.
16. So far as Taruna Sharma is concerned, she was not having the necessary educational qualification for the job, yet for the reasons best know to the selection Committee, she was selected by giving her 8 marks in interview, whereas candidate, who had ranked first in the merit list, should have been offered appointment by rejecting the candidature of Taruna on the ground of educational disqualification.
17. So far as Savitri Devi is concerned, she had obtained 21.75 marks. It is also not in dispute that a person, who was resident of Patwar Circle, Ligga was liable to be awarded 10 marks. Savitri Devi has placed reliance on Annexure P-10 (attached to the writ petition), copy of Parivar Register, Gram Sabha, Ligga, Gram Panchayat, Ligga, wherein she is described as resident of the said Gram Panchayat. Although, it is the case of Rashmi and Taruna that no reliance could be placed on the entry in the Parivar Register, Ligga to show that Savitri Devi was resident of Gram Sabha Ligga, but the certificate Annexure P-10 has not been cancelled by any competent authority. The said certificate was issued on 2nd October, 2014. Interview for the post of Post Graduate Teacher (Hindi) was held on 7th May, 2015. Thus, at the time of interview, Savitri ::: Downloaded on - 28/03/2023 20:40:17 :::CIS 10 Devi was in possession of the relevant document to show that she was resident of Patwar circle Ligga.
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18. Hence, Savitri Devi was liable to be granted 10 marks being resident of Patwar Circle, Ligga. If that be so, then Savitri Devi ranks at Serial No.1 in merit list as her marks should have been 21.75+10=31.75.
19. Learned Single Judge has also considered the fact that 10 marks were liable to be awarded to Rajeev Rattan and Savitri Devi as
20.
r to they were residents of Patwar Circle, Ligga. In this regard, reference was made to the reply filed by Sub-Divisional Magistrate.
Para 7 of the reply filed by Sub-Divisional Magistrate reads as under:-
"7. That the contents of Para No. 7 are admitted. The Selection Committee, during the course of selection process, did not consider, without assigning any reason, the fact that the Petitioners are Permanent Residents of Patwar Circle Ligga, in which the Government Senior Secondary School, Ligga, is situated and the said posts of PGT (History) and PGT (Hindi) were advertised, though the Petitioners had submitted before the Selection Committee their "Certificates of Bonafide Himachali" (Annexure-R-1-1&2) of being Permanent Residents of Patwar Circle Ligga, issued by Naib Tehsildar Salooni vide no.0103NT/3098/2014 in respect of Rajeev Rattan & 0103NT/3099/2014 in respect of Savitri Devi dated 16/10/2014, as per the record pertaining to the selection process for the appointment of PGT (History) and PGT (Hindi) maintained by the office of the Principal, Government Senior Secondary School, Ligga, thus depriving them of valuable 10 marks assigned for Permanent Resident of the concerned ::: Downloaded on - 28/03/2023 20:40:17 :::CIS 11 Patwar Circle where the concerned Government Senior Secondary School located' which were to be awarded to the Petitioners being Permanent Residents of Patwar Circle Ligga, .
where the Government Senior Secondary School, Ligga, is situated.
Moreover, it is pertinent to mention here that both the Respondent no. 5 having 49.5 % marks in MA (History) and the Respondent No. 6 having 46.9 % marks in MA (Hindi), who were got selected by the Selection Committee, were ineligible at the time of selection process as the essential academic qualification for the appointment of Post Graduation Teachers was Master's Degree in the subject concerned from a recognised University with minimum of 50 % marks in aggregate as per the "Himachal Pradesh Higher Education Department, Post Graduate Teacher, Class-III (Non-Gazetted), Recruitment and Promotion (Amendment) Rules, 2011."
21. Thus, in terms of the reply filed by Sub Divisional Magistrate, also Savitri Devi as well as Rajeev Rattan were liable to be granted 10 marks being permanent residents of Patwar Circle Ligga.
22. So far as Rajeev Rattan is concerned, even if he is not granted 10 marks on account of his being resident of Patwar Circle, Ligga, he still ranks at serial No.1 in the merit list, after disqualification of Rashmi. However, so far as Savitri Devi is concerned, in case 10 marks are granted to her on account of her being resident of Patwar Circle, Ligga, then she ranks at serial No.1 in the merit list and was liable to be offered the job.
::: Downloaded on - 28/03/2023 20:40:17 :::CIS 1223. The decision dated 27th June, 2019, in CWP No.2706 of 2018, filed by Rashmi and Taruna fails to advance their case to the effect .
that they could not be attributed any disqualification on having lesser marks than the minimum prescribed in the Rules towards the educational qualification. In CWP No.2706 of 2019, the issue was as to whether petitioners in the said case were entitled for release of grant-in-aid. The writ petition was allowed by directing the State to release requisite grant-
in-aid to the petitioners in the said petition. As such the appointments of Rashmi and Taruna as Post Graduate Teacher was not under challenge.
Any observations made in the said petition were only relevant for considering their case for release of grant-in-aid to them.
24. Hence, the writ petition filed by Rajeev Rattan and Savitri Devi was liable to be allowed and the appointment of Rashmi and Taruna as Post Graduate Teacher (History) and (Hindi), respectively, were liable to be set aside.
25. Accordingly, Letters Patent Appeal No.91 of 2019 is dismissed and Letters Patent Appeal No.63 of 2020 is allowed.
Consequently, the writ petition filed by Rajeev Rattan and Savitri Devi is allowed and the appointment of Rashmi as Post Graduate Teacher (History) and appointment of Taruna as Post Graduate Teacher (Hindi) in Government Senior Secondary School, Ligga through School Management Committee are set aside. Consequently, Rajeev Rattan, be offered appointment as Post Graduate Teacher (History) in Government ::: Downloaded on - 28/03/2023 20:40:17 :::CIS 13 Senior Secondary School, Ligga through School Management Committee, purely on period basis and Savitri Devi be appointed as Post .
Graduate Teacher (Hindi) in Government Senior Secondary School, Ligga, through School Management Committee, purely on period basis.
Pending application(s), if any, shall also stand disposed of.
r to (Sabina)
Acting Chief Justice
(Satyen Vaidya)
Judge
March 28, 2023 (ps)
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