ARUN KUMAR Vs. STATE H.P. AND ORS.

JUDGEMENT

(1.) THE Petitioner is working as teacher on PTA basis. He is aggrieved and has approached this Court, when he has been sought to be replaced by the regular/contract teachers. No doubt, as rightly pointed out by the learned Dy. Advocate General, PTA teachers do not have lien on the posts. It has been stated clearly in the Grant -in -aid Rules and also in the orders of their appointments that they will have to give room for the teachers appointed on regular/contract basis. But, a factual situation remains to be addressed by the State/Directorate. As far as regularly appointed teachers are concerned, be it on contract basis or otherwise, they can be appointed/accommodated in any of the schools, where there are open vacancies and where service of a PTA teacher is also not available. The PTA arrangement has been made only to meet the exigency in the absence of regular teachers. But, as pointed out by the learned Counsel for the Petitioner, there are several schools in and around, where the regularly appointed teachers can be accommodated. There is no case that services of teachers are not required in those places, where there are open vacancies.

(2.) IN the above circumstances, the writ petition is disposed of as under: