Pankaj Kumar vs The State Of Himachal Pradesh Education ... on 14 December, 2016
13. Learned advocate has placed reliance on the
judgment of Himpachal Pradesh High Court in the case of
Pankaj Kumar (Supra), the relevant paras of the judgment
would indicate that the issue was with regards to the
appointment of teacher made under the Himachal Pradesh
Prathmik Sahayak Adhyapak/Primary Assistant Teacher (PAT)
Scheme, 2003 and the question that was for consideration
before the Division Bench is whether the selection of the
teacher made in terms of the policies made by the State
aimed had to provided primary education to the needy and
poor hailing from tribal, hard and difficult areas, who
are entitled to it as a matter of right, being a
fundamental right, and are poor, read with the fact that
the regular/contractual teachers were not interested to
work in the said areas, is illegal and not entitled to
regularization? In this background, it is observed with
some pain that the State Government when required has
utilized the services of said teachers when the said
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C/SCA/4583/2018 JUDGMENT
teachers have lost their youth in performing their duties
for the Government and had legitimate expectation.