TALUKA SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER has prayed for the following reliefs:-

(2.) THE State of Himachal Pradesh formulated a scheme known as "THE Himachal Pradesh Para Teachers (Lecturers in school cadre), Para Teachers (T.G.Ts), and Para Teachers (CandV Teachers) Policy-2003" (hereinafter referred to as the scheme). In terms of the scheme certain posts of Para Teachers (T.G.T.) (Medical) were notified for which petitioner also applied. THE selection committee comprising of the S.D.M., Head of the concerned school and one Subject Matter Specialist was to be constituted for selecting the candidates. THEre is no dispute that petitioner participated in the selection process and merit list (Annexure A-1) was prepared. Petitioner was placed at Sl. No. 8 with 56.73 marks and one Smt. Supriya Lata was placed at Sl. No. 12 with 55.22 marks. Even though on merit petitioner scored more marks than Smt. Supriya Lata, but however Principal of the school tampered with the record and the merit list and on the basis of false bonafide resident certificate, added more marks to the marks already secured by Smt. Supriya Lata and issued her letter of appointment. On the complaint of the petitioner authorities took notice of this fact and initiated action. This is also evident from letter dated 20.2.2004 (Annexure A-2) issued by the Sub Divisional Officer (C). It appears that inquiry was conducted and certificate of bonafide resident issued by the Tehsildar in favour of Smt. Supriya Lata was cancelled vide order dated 10.3.2004. Smt. Supriya Lata preferred an appeal before the Deputy Commissioner which also was dismissed on 20.10.2004 (Annexure A-4). Consequently order of appointment issued in favour of Smt. Supriya Lata was cancelled vide order dated 14.10.2005.

(3.) EVIDENTLY on 27.3.2004 petitioner had issued legal notice clearly pointing out that appointment order issued in favour of Smt. Supriya Lata was an act of fraud and abuse of process of law. She had also filed a petition before the erstwhile Himachal Pradesh Administrative Tribunal, assailing the appointment of Smt. Supriya Lata, in which on 23.4.2004 following order was passed:-