Himachal Pradesh High Court
School Management Committee vs State Of H.P. & Others on 1 August, 2023
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.6661 of 2021 a/w CWP No.2055 of 2022, CWP No.1075 of 2019 and CWP No.6630 of 2022 .
Date of Decision: 1.8.2023 __________________________________________________________
1. CWP No.6661 of 2021 School Management Committee .......Petitioner Versus State of H.P. & others ... Respondents
2. CWP No.2055 of 2022 Devinder Chauhan .......Petitioner Versus State of H.P. & others ... Respondents 3. CWP No.1075 of 2019 Vijay Kumar .......Petitioner Versus State of H.P. & others ... Respondents 4. CWP No.6630 of 2022 Pushpender Kumar & Anr. .......Petitioners Versus State of H.P. & others ... Respondents __________________________________________________________ Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioners: Mr. Arun Kaushal, Advocate ,for the petitioners in CWP No.2055 of 2022 and CWP No.6661 of 2021.
Mr. Sunil Kumar, Advocate, for the petitioner in CWP No.1075 of 2019.1
Whether the reporters of the local papers may be allowed to see the judgment?::: Downloaded on - 02/08/2023 20:42:33 :::CIS 2
Mr. Naresh K. Verma, Advocate, for the petitioners in CWP No.6630 of 2022. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals with .
Mr. Mr. Ravi Chauhan, Deputy Advocate General.
___________________________________________________________ Sandeep Sharma, Judge(oral):
By way of instant petitions filed under Article 226 of the Constitution of India, petitioners have prayed for the reliefs, which are similar in nature. However, for the sake of bravity relief of CWP No.6661 of 2021 is reproduced hereinbelow:-
"(i) That respondents No.1 to 3 may kindly be directed to fill up the posts of Trained Graduate Teacher Arts, Trained r Graduate Teacher Medical, Trained Graduate Teacher Non-Medical as mentioned in Annexure P-4 within two weeks from today.
(ii) That respondents No.1 to 3 may kindly be directed to fill up the posts of PET, OT Shastri, as mentioned in Annexure P-4 within two weeks from today.
(iii) That respondents No.1 to 3 may kindly be directed to fill up the posts of Principal, Lecturer Hindi, as mentioned in Annexure P-4 within two weeks from today.
(iv). That respondents No.1 to 3 may kindly be directed to fill up the posts of clerical staff as mentioned in Annexure P-
4 within two weeks from today.
(iv). That respondents No. 1 to 3 may kindly be directed to post the teachers at least for three years in the said school and transfer of teachers may not be effected prior to completion of their normal tenure so that study of students may not adversely affected.
2. Pursuant to order dated 20.6.2023, Director Elementary Education, Himachal Pradesh, has filed compliance affidavit, which is taken on record. Perusal of aforesaid affidavit clearly reveals that pursuant to the directions issued by this Court from time to time, steps have been already ::: Downloaded on - 02/08/2023 20:42:33 :::CIS 3 taken up to fill up the vacant posts of teachers as well as non-teaching staff in various schools in the State of H.P..
3. Having carefully perused the aforesaid affidavit, copy whereof .
has been supplied to learned counsel for the petitioners, learned counsel for the petitioners fairly state that nothing remains to be adjudicated in the present petitions and same may be disposed of.
4. Consequently, in view of the above, the present petitions are disposed of. However, liberty is reserved to the petitioners to file appropriate proceedings in appropriate court of law, if they still remain aggrieved. Pending applications, if any, also stand disposed of.
(Sandeep Sharma), Judge st 1 August, 2023 (shankar) ( ::: Downloaded on - 02/08/2023 20:42:33 :::CIS