SHAM LAL Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) The Petitioner has filed this writ petition asking for issuance of a writ of quo-warranto /certiorari for quashing the selection and appointment of Respondent No. 6, alleging that the same is illegal, arbitrary and is pregnant with nepotism.

(2.) The factual background is that State of Haryana had decided to fill up the posts of Teachers under Guest Faculty Scheme so that the study of students may not suffer due to shortage of teachers. Such appointments were to be made on the basis of

(3.) The Respondents had invited applications on 10.11.2006 for appointment of the Teacher under Guest Faculty Scheme for J.B.T Teacher in Government Middle School, Gumthala, District Yamuna Nagar. The Petitioner being eligible in all respect, applied for appointment as a J.B.T Teacher. In this regard, the Petitioner has placed application, Annexure P-2, on record, where it is recorded that the application is for the post of JBT/S.S. Master. As per the Petitioner, Respondent No. 6, in connivance with District Education Officer, misrepresented the facts and submitted an application stating that she was appointed in Government Middle School, Bhamboli, where she could not be adjusted and so should be appointed at Government Middle School, Gumthala, District Yamuna Nagar. To rebut this assertion, the Petitioner has made reference to the information obtained under the Right to Information Act to say that in fact Respondent No. 6 had never been appointed as J.B.T Teacher at Government Middle School, Bhamboli and the stand of the State in this regard is also contrary to the information that is obtained by the Petitioner and is placed on record. In this view of the matter, the Petitioner would urge that the appointment of Respondent No. 6 as a J.B.T Guest Teacher at Government Middle School, Gumthala, is arbitrary and against the policy and as such, she has no right to