NIRMLA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Material facts necessary for adjudication of this petition are that petitioner was appointed as Primary Assistant Teacher on 5.11.2005 pursuant to interview held on 2.9.2005. Appointment of petitioner was challenged by respondent No.4 by way of OA (M) No. 267/2005. The same was directed to be treated as representation by the Director of Primary Education. He decided the same on 17.2.2006. Appointment of petitioner was declared void ab initio. Petitioner challenged this order by way of OA No. 82/2006. The same was directed to be treated as representation by the Director of Elementary Education with a further direction to decide the same by hearing petitioner as well as respondent No.4. He decided the same on 12.10.2007 (Annexure A-1). Petitioner has challenged order 12.10.2007 by way of this petition.

(2.) Mr. K.S. Banyal has vehemently argued that order dated 12.10.2007 is illegal, arbitrary, discriminatory, thus, violative of Articles 14 and 16 of the Constitution of India.

(3.) Mr. Rajinder Dogra, learned Additional Advocate General has supported order dated 12.10.2007.