SHYAM LAL SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has passed Art and Craft Teacher training from Technical Education Industrial Training Punjab in the year 1973. He got his name registered with the Employment Exchange, Shimla on 27.7.1993. Respondent No.3 initiated the process for filling up the post of Drawing Master. The name of the petitioner was sponsored by the Employment Exchange. He appeared in the interview on 13.2.1997. He Whether reporters of the local papers may be allowed to see the judgment? .Yes was interviewed in the office of Deputy Director Education. The Deputy Director Education (South Zone), Shimla, the Superintendent, Director of Education, the District Education Officer, Shimla and the President of the Managing Committee of respondent No.3 were the members of the Selection Committee. In sequel to his selection, he was offered appointment and he joined his duties on 18.2.1997.

(2.) Case of the petitioner, in a nutshell, is that though respondent No.3-school is getting 95% grant-in-aid, however, respondent-State has not released the grant-in-aid towards the salary of the petitioner. Respondent-State has filed the reply. The precise case of the respondent-State is that as per staffing pattern provided under the Himachal Pradesh Non- Government Institution (Grant-in-aid) Rules, 1997, the Art and Craft Teachers are not entitled to grant-in-aid.

(3.) Mr. Bhuvnesh Sharma has strenuously argued that under the Himachal Pradesh Non-Government Institution (Grant-in-aid) Rules, 1997, additional staff can be employed by the privately managed institutions on the same pattern as is observed in the Government run schools in the State of Himachal Pradesh. In other words, his submission is that the subject of Drawing is an optional subject and is taught in the Government run Schools and in these circumstances the post of Drawing Master was filled up by respondent No.3 on the recommendations made by the duly constituted Selection Committee. He has drawn the attention of the Court to Himachal Pradesh Education Code approved by the Government vide letter dated 26.7.2001. In classes 9th to 10th, English, Maths, Hindi, Science and Social Studies are compulsory subjects. Drawing/ Home Science/Music/ Economics/ Agriculture/ IT Education are optional subjects. These subjects are taught in Government Schools. The Government Schools have been defined to mean a school, which is under administrative control of the Government and in which the course of study conforms to standards approved by the Department. Private school has been defined to mean privately managed which receives aids from the general revenue of the State. It may be true that as per the staffing pattern, Drawing Master is not included in 9th to 10th classes; however, it has been left to the discretion of the management to employ additional staff on the same pattern, as is observed in the Government run schools in the State. Since drawing is taught in 9th and 10th standards, respondent-State was bound to release grant-in-aid to respondent No.3 for defraying it towards the salary of the petitioner. All the teachers appointed except the petitioner are getting salary by way of grant-in-aid. In view of this, the action of the respondent-State not to release the grant-in-aid to respodennt-3 towards the salary of the petitioner is declared illegal and arbitrary.