Himachal Pradesh High Court
H.P vs State Of Himachal Pradesh on 5 September, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 5th DAY OF SEPTEMBER, 2022
.
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No.6114 of 2022
Between:-
H.P.
r to
POOJA DEVI, W/O SH. MADAN SINGH,
RESIDENT OF VILLAGE MEHRUWALA,
P.O. BHAGANI, TEHSIL PAONTA SAHIB,
DISTRICT SIRMOUR AT NAHAN,
......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. BLOCK ELEMENTARY EDUCATION OFFICER,
PAONTA SAHIB, DISTRICT SIRMOUR,
HIMACHAL PRADESH.
4. SUB-DIVISIONAL OFFICER (CIVIL),
PAONTA SAHIB, DISTRICT SIRMOUR, H.P.
5. ANITA DEVI, W/O SH. KANTHI RAM,
RESIDENT OF VILLAGE MERHUWALA,
P.O. BHAGANI, TEHSIL PAONTA SAHIB,
DISTRICT SIRMOUR AT NAHAN, H.P. ...... RESPONDENTS
(MR. ASHOK SHARMA ADVOCATE GENERAL
WITH MR. VIKRANT CHANDEL, DEPUTY
ADVOCATE GENERAL)
_________________________________________________
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This Petition is coming on for admission 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 relief(s):-
"i) To quash and set aside the clarification (Annexure P-
5) provided in the policy for engagement for Part Time Multi Task Workers in Govt. schools in H.P. specifically ion Serial No.1 Clause 7 (iv)(i) in which the meaning of the term 'Family' has been given as 'Land Donor' or his/her spouse and their children as being unconstitutional and arbitrary and against the meaning as provided in law.
ii) That the result contained in Annexure P-6 whereby the respondent No.5 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 Bhuddi, Education Block Paonta Sahib, District Sirmaur, H.P.
iii) To award marks in favour of 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."
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 ::: Downloaded on - 06/09/2022 20:02:48 :::CIS 3 selection/appointment. In the present case, the result was declared on 29.6.2022. 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 at Nahan, 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 25th August, 2022.
3. Rule-19, provided vide Addendum dated 25th August, 2022, reads as under:-
" ADDENDUM In partial modification of this Department's Notification No. EDN-C-B(1)2/2019 dated 16th 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.
4 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.
::: Downloaded on - 06/09/2022 20:02:48 :::CIS 4By 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, Sirmaur at Nahan, 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, shall also stand disposed of.
( Sabina ) Judge ( Sushil Kukreja) Judge September 5, 2022 (ks) ::: Downloaded on - 06/09/2022 20:02:48 :::CIS