DURGA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The appellants were appointed as Voluntary Teachers on tenure basis under the Voluntary Teachers Primary Scheme, 1991. Respondent No. 4 challenged their appoint-ment inter alia on the ground that he was academically more meritorious than the appellants and, therefore, the Selection Committee was not justified in preferring the appellants to him. The State Administrative Tribunal allowed the application filed by Respondent No. 4 and quashed the selection of the appellants, by itself judging the comparative merits of the candidates. The appellants have put that order of the State Administrative Tribunal dated 10th December 1992 in issue.

(3.) In Dalpat Abasaheb Solunke v. Dr. B.S. Mahajan, AIR 1990 SC 434, while dealing with somewhat an identical question, this Court opined (Para 9):