NISHA MINHAS Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner appeared in the interview for the post of Primary Assistant Teacher (PAT) falling vacant in Government Primary School Kala Panga under Gram Panchayat Sanghnai alongwith 14 other candidates. The Selection Committee constituted of the S.D.O. (Civil) of the concerned Sub -Division as Chairman, Pradhan Gram Panchayat concerned and Center Head Teacher as members. They selected respondent No.4 for the said post. Her selection has been assailed in this petition by the petitioner on the ground that the father of respondent No.4 being a Pradhan was one of the member of the Selection Committee and he should have rescued himself as a member of that Committee in view of the instructions issued by the Government and his participation in the selection process is not only contrary to the provisions of Rule 137 of the H.P. Panchayati Raj (General) Rules, 1997, but materially effected the final result.

(2.) I have examined the record and the replies filed by respondents and also the Himachal Pradesh Prathmik Sahayak Adhyapak/ Primary Assistant Teacher (PAT) Scheme, 2003 Annexure -I, which inter -alia provides a procedure for selection of Prathmik Sahayak Adhyapak/ Primary Assistant Teacher (PAT).

(3.) THE selection of respondent No.4 was made for the post of Primary Assistant Teacher for Govt. Primary School Kala Panga (UR), which fell in Gram Panchayat Sanghnai of which Shri Updesh Kumar father of respondent No.4 was the Pradhan. The record reveals that he actively participated in the selection of process and got selected his daughter respondent No.4. The interview record reveals that she was awarded 15 marks out of 15 in interview, whereas the petitioner Nisha Minhas, who was having 52 marks in qualification as against respondent No.4 who was having 46.38. The petitioner was awarded 8 marks in personal interview and her total score was 60, whereas after awarding 15 marks out of total 15 in interview, respondent No.4 secured 61.38 thus had an edge over the petitioner because of the presence of her father as a member of Selection Committee and was selected as PAT. Therefore, her selection for the post of PAT is wrong and illegal being violative of the principle of natural justice and Articles 14 and 16 of the Constitution of India.