Himachal Pradesh High Court
Manoj Kumar Son Of Shri Sat Pal vs State Of H.P. And Others on 26 February, 2015
Author: P.S. Rana
Bench: P.S. Rana
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No. 6403 of 2013
.
Order Reserved on 4th December,2014
Date of Order 26th February, 2015
________________________________________________________
Manoj Kumar son of Shri Sat Pal ....Petitioner
Versus
State of H.P. and others ....Respondents
________________________________________________________
Coram
The Hon'ble Mr. Justice P.S. Rana, J.
Whether approved for reporting?1 Yes.
______________________________________________________________ For the Petitioner: Mr. Onkar Jairath, Advocate.
For Respondent Nos. 1 & 3: Mr. R.P.Singh, Assistant Advocate General For Respondent No.2: Mr. Lovneesh Kanwar, Advocate. _____________________________________________________________ P.S. Rana, Judge Order Present civil writ petition is filed under Article 226 of the Constitution of India pleaded therein that petitioner has qualified matriculation and 10+2 examinations in the year 1991 and 1995 from H.P. Board of School Education and secured good marks. It is pleaded that thereafter petitioner qualified B.Sc.
(Non-medical) from H.P. University and secured second division 1 Whether Reporters of Local Papers may be allowed to see the judgment? Yes.
::: Downloaded on - 15/04/2017 17:39:28 :::HCHP 2and thereafter petitioner has also qualified M.Sc. in Physics from Barkatulla Vishawavidalaya Bhopal. It is pleaded that respondent .
board issued an advertisement for filling up 33 posts of Clerks on contract basis. It is pleaded that out of 33 posts of Clerks 14 posts were meant for general category candidates and remaining 19 posts were reserved for other categories like SC, ST, OBCs and children/grandchildren of freedom fighters. It is pleaded that petitioner belongs to general category and last date for receipt of applications was dated 30.9.2010 and for Tribal areas it was dated 15.10.2010. It is pleaded that as per advertisement the essential educational qualification was prescribed as 10+2 and age limit was 18 to 45 years as on dated 30.09.2010. It is pleaded that relaxation up to five years in the upper age limit was available to the candidates of reserved categories as per existing rules of State Government. It is pleaded that candidates were directed to submit applications complete in all respects to the Assistant Secretary H.P. Board of School Education Dharamshala. It is pleaded that petitioner was fully eligible and qualified for the said post and he submitted his application complete in all respects. It is pleaded that thereafter roll number 056703 was issued to the petitioner. It is pleaded that petitioner appeared in the written test which was held in the month of ::: Downloaded on - 15/04/2017 17:39:28 :::HCHP 3 November 2011 and respondent Board declared the result of written test and petitioner qualified the same. It is pleaded that .
thereafter petitioner was called to appear for personal interview on dated 8.2.2012. It is pleaded that thereafter respondent Board prepared the panel of selected candidates on dated 25.8.2012 and issued the appointment orders to the selected candidates with a direction to join their duties before dated 10.9.2012 in Head Office of Himachal Pradesh School Education Board. It is pleaded that thereafter respondent Board issued notice dated 12.9.2012 to those candidates who did not join with a direction to join their duties on or before 15.9.2012 failing which their offer of appointment will be deemed to have been cancelled. It is further pleaded that selection process was conducted by H.P. Board of School Education and result was declared on dated 25.8.2012 and life of panel is up to dated 25.8.2013. It is also pleaded that as per instructions issued by the competent authority from time to time the appointing authority is bound to give the offer of appointment to candidates out of waiting list prepared by the recruiting agency. It is pleaded that five candidates did not join the duties and thereafter respondent Board initiated the process to issue the appointment to candidates out of the waiting list as life of panel was one year.
::: Downloaded on - 15/04/2017 17:39:28 :::HCHP 4It is further pleaded that thereafter respondent issued the appointment letters to the candidates whose names find .
mentioned in the waiting list. It is pleaded that there are four posts lying vacant and respondent Board is under legal obligation to issue the appointment to the candidates whose names fall in waiting list. It is pleaded that respondent has sent the case for approval to the Government but no final decision took place. It is pleaded that approval of Government is not required. It is pleaded that direction be issued to the respondents to issue the appointment orders in favour of candidates whose names fall in panel prepared on dated 25.8.2012. Prayer for acceptance of writ petition is sought.
2. Per contra reply filed on behalf of respondent No.2 pleaded therein that service committee of the Board was constituted by the Government comprised of Principal Secretary (Finance), Principal Secretary (Education) and Chairman of Board to fill up 40 posts of Clerks on contractual basis in Board. The detail is given as below:-
Sr. Category Posts
No.
1 UR Main 14
2 UR Children/Grand children 01
of Freedom fighter
3 UR BPL 03
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5
4 SC Main 06
5 SC Physical Handicapped 01
(Ortho)
.
6 OBC Main 04
7 OBC BPL 02
8 ST main 01
9. ST BPL 01
10 UR Sportsperson 01
11 UR Ex-servicemen 04
12 SC Ex-servicemen 01
13 OBC Ex-servicemen 01
Total 40
It is pleaded that recruitment process completed on dated 13.7.2011 and appointment was offered only for 32 candidates.
It is pleaded that petitioner applied for general category. It is pleaded that three posts are not filled for which replying respondent sought permission from the Secretary (Education) who is the administrative head. It is pleaded that written test held on dated 11.9.2011 and interview held w.e.f. 1.2.2012 to 8.2.2012 and further pleaded that category wise merit list was drawn and finalized and approved on dated 24.8.2012 and appointments were offered to 32 candidates. It is pleaded that ::: Downloaded on - 15/04/2017 17:39:28 :::HCHP 6 nine candidates i.e. 03 from UR General, 01 UR Children/grandchildren of freedom fiahgter, 01 General BPL, 03 .
SC, 01 ST BPL did not join. It is pleaded that one candidate of SC category had sought extension in joining period due to illness of his father which was allowed. It is pleaded that five posts i.e. 03 UR General, 01 SC and 01 ST BPL remained vacant due to modal code of conduct in operation due to Vidhan Sabha elections 2012 and the appointment were not offered to these candidates and when modal code of conduct was lifted the respondent Board again sought permission from the Administrative Department i.e. Secretary (Education) to fill up five posts of Clerks on contractual basis vide letter dated 9.1.2013. It is pleaded that copy of letter dated 9.1.2013 is Annexure R-2/1 and its English translation is Annexure R-2/1. It is pleaded that thereafter Government raised certain queries which were addressed to the respondent Board. It is pleaded that till date respondent Board did not receive the permission from the Government to fill up the vacant posts of Clerks so far. Prayer for dismissal of petition sought.
3. Per contra separate reply filed on behalf of respondent No.3 pleaded therein that H.P. Board of School Education Dharamshala District Kangra sought permission to fill up 32 posts of Clerks on contract basis on dated 23.7.2012. It is ::: Downloaded on - 15/04/2017 17:39:28 :::HCHP 7 pleaded that matter was taken up with Finance department who concur the proposal for filling up of 32 posts of Clerks in H.P. .
Board of School Education on dated 13.8.2012 and same was conveyed to the Board on dated 14.8.2012. It is pleaded that H.P. Board of School Education has informed that out of 32 posts of Clerks five posts are yet to be filled and Secretary H.P. Board of School Education has again informed vide letter dated 15.9.2014 that the Finance Department has already concurred to fill up 32 posts of Clerks and there is no need to seek fresh sanction to fill up these posts. Prayer for dismissal of petition sought.
4. Court heard learned Advocate appearing on behalf of the petitioner and learned Assistant Advocate General appearing on behalf of respondent Nos. 1 and 3 and learned Advocate appearing on behalf of respondent No. 2 and Court also perused the entire record carefully.
5. In present case it is proved on record that H.P. Board of School Education Dharamshala District Kangra through its Secretary has sought permission from the Secretary (Education) to the Government of H.P. to fill up five posts falling in waiting list. It is also proved on record that Additional Secretary Mr.D.C. Rena vide letter dated 15.9.2014 has informed the Secretary H.P. ::: Downloaded on - 15/04/2017 17:39:28 :::HCHP 8 Board of School Education that permission to fill up 32 posts of Clerk already stood granted and new permission is not required.
.
It was held in case reported in AIR 2000 SC 1097 titled State of U.P. vs. Ram Swarup Saroj that if valid panel of one year is expired during the lis-pendence then relief could not be refused to the petitioner on the ground that period of panel expires during pendency of case.
6. It is proved that Additional Secretary to the Government of H.P. has specifically informed the Secretary H.P. Board of School Education Dharamshala District Kangra that there is no need to obtain fresh permission from State Government because permission to fill up 32 posts of Clerks on contractual basis already stood granted.
7. In view of letter No. 11-GA(10)-2/2011-Loose dated 15.09.2014 issued by Mr. D.C.Rana Additional Secretary to co-
respondent No. 2 direction is issued to co-respondent No.2 to take decision qua filling up remaining five posts of Clerks on contractual basis within two months strictly in accordance with law after giving due opportunity of hearing to petitioner.
Thereafter co-respondent No. 2 will communicate the decision to the petitioner in accordance with law forthwith. Petition stands ::: Downloaded on - 15/04/2017 17:39:28 :::HCHP 9 disposed of. All pending miscellaneous application(s) if any also stands disposed of. No order as to costs.
.
February 26,2015 (P.S. Rana)
ms. Judge
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