ANAND SWARUP Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed, for the following reliefs:-

(2.) The case of the petitioner is that he is Graduate in Arts Stream and a holder of two years' Diploma Course in Art and Craft. He did the Diploma Course from Shiwalik VTC, Chowki Maniyar, Bangana, District Una, H.P., and certificate to this effect was issued in his favour by the State Council for Vocational Training, on 29.08.2007. He also attended Combined Annual Training Course of NCC from 17.03.1997 to 28.03.1997 and he further holds Certificate "A" Examination in NCC.

(3.) Respondent-Department of Elementary Education commenced process for filing up the vacancies for the posts of C &V (Language Teachers and Drawing Masters) in the month of July 2017. The petitioner being eligible, was also considered for appointment against said post. Result of the process undertaken for appointment of Drawing Masters, which was obtained by him, under the Right to Information Act, demonstrated that despite the fact that he had passed the concerned Diploma in the year, 2007, as was by the private respondent, yet appointment stood offered to the private respondent, ignoring the fact that as the petitioner was elder in age to the private respondent, therefore, he should have been offered appointment, in terms of established practice that when two candidates had passed the course in the same year, person elder in age was to be considered for selection. It is on these bases that the appointment of the private respondent has been assailed by the petitioner. It is further the contention of the petitioner that appointment of the private respondent is bad, also for the reason that the selected candidate did not possess any experience.