RAJESH KHACHI Vs. STATE OF HP

JUDGEMENT

(1.) Petitioner was appointed as a teacher, under the Scheme of the government for appointment of Para Teachers. He was posted in Government Middle School, Neri Nagar. He was appointed as Trained Graduate Teacher (Non-medical). Since the post of Head Master of the school was lying vacant, he was also officiating as Head Master of that school.

(2.) In September, 2006, Parent Teacher Association wanted to appoint a Shastri in the School. Respondent No. 4, who is alleged to be the President of PTA, conducted Whether reporters of the local papers may be allowed to see the judgment? interviews for the post of Shastri, without constituting selection committee, in accordance with the Scheme for appointment of teachers by PTA, and recommended the name of one Ms. Aruna Devi, as Shastri. Appointment letter was also issued by respondent No. 4. Since the selection of the above named lady had not been made by following the proper procedure for selection, the petitioner did not allow the lady to join. He did so, because of the instructions received from the Head Master of the Government High School, Kuthar, who was the over-all incharge of the school, in which the petitioner was working and also, because of the standing instructions of Director, Education and other senior functionaries of the Education Department, regarding appointment and joining of para teachers.

(3.) This annoyed respondent No. 4. On 1.11.2006, he went to Government Middle School, Neri and tampered with the record, pertaining to PTA, particularly Resolution Register and Attendance Register, by snatching the said registers from the petitioner. Petitioner reported the matter to the higher authorities, including the Head Master of the High School. He also lodged a report with the police, because respondent No. 4, not only hurled abuses, but also intimidated the petitioner. Petitioner felt threatened and stopped going to the school and approached the senior functionaries of the Education Department, to shift him to some other school. When his request for shifting him to some other school was still pending, a report was lodged with the Deputy Director, Primary Education, by respondent No. 4, that the petitioner had not been attending the school. Said Deputy Director, after seeking explanation of the petitioner, terminated his services. Petitioner then filed the present petition, seeking issuance of following writ/directions: