Himachal Pradesh High Court
Between vs State Of Himachal Pradesh on 12 September, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 12th DAY OF SEPTEMBER, 2022
.
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No.6277 of 2022
Between:-
r to
ROHIT KUMAR, AGED 20 YEARS,
S/O SHRI RATTAN CHAND, RESIDENT
OF VILLAGE DRUN, POST OFFICE,
ROPA, TEHSIL PADDAR, DISTRICT
MANDI (H.P.). ......PETITIONER
(BY MR. BHUVNESH SHARMA,
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH PRINCIPAL SECRETARY
(EDUCATION) TO THE GOVERNMENT
OF HIMACHAL PRADESH, SHIMLA-171002.
2. DIRECTOR, ELEMENTARY EDUCATION,
HIMACHAL PRADESH, LALPANI,
SHIMLA.
3. BLOCK PRIMARY EDUCATION OFFICER,
DRANG-II AT PADDAR, DISTRICT
MANDI, (H.P.).
4. PANCHAYAT SECRETARY, GRAM
PANCHAYAT, ROPA, DEVELOPMENT
BLOCK DRANG, DISTRICT MANDI,
(H.P.). ...... RESPONDENTS
(BY MR. ASHWANI K. SHARMA,
ADDITIONAL 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) That the selection and appointment of Respondent No.5 as Part Time Multi Task Worker in Government Middle School, Chhuchhal, Tehsil Paddar, District Mandi, (H.P.) made on 29.6.2022 may kindly be quashed and set aside and the Respondents may kindly be directed to prepare the merit list afresh.
(ii) That the Certificate issued by Respondent No.4 at Annexure P-2 made by Government Middle School, Chhuchhal has been shown to be located in Ward Chhuchhal instead of Ward Drun, may kindly be set aside and the same be directed to be corrected as 'Ward Drun', in the interest of justice.
(iii) That the Petitioner may kindly be held entitled for award of 8 marks on account of his belonging to the same Ward Drun where GMS, Chhuchal situated in Ward Drun exits, for the purpose of preparation of merit of selection for appointment to the post of Part Time Multi Task Worker for GMS, Chhunchhal, Tehsil Paddar, District Mandi, (H.P.).''
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 - 12/09/2022 20:04:40 :::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, Mandi, 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.
Rule-19, provided vide Addendum dated 25th August, 2022,
3. 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.
By Order ::: Downloaded on - 12/09/2022 20:04:40 :::CIS 4 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, Mandi, 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 12, 2022 (ks) ::: Downloaded on - 12/09/2022 20:04:40 :::CIS