KAMLESH CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Being aggrieved and dis-satisfied with issuance of communication dated 07.08.2012 by the Director of Higher Education, Himachal Pradesh, whereby, candidature/nomination of the petitioner for the post of Lecturer/PGT (School Cadre) in the subject of Political Science came to be rejected, petitioner has approached this Court in the instant proceedings filed under Article 226 of the Constitution of India praying therein for the following reliefs:

(2.) Though, notice in the case at hand for the first time was issued on 25th April, 2014, but no reply ever came to be filed on behalf of the respondents till passing of order dated 10th August, 2020, when this Court on the vehement request on behalf of the learned Additional Advocate General, granted last opportunity to file reply, by specifically stating in the order that in case reply is not filed on or before the next date of hearing, right to file the same shall be deemed to have been closed and, as such, this Court has no option but to decide the petition at hand on the basis of material available on record.

(3.) For having bird's eye view, the facts of the case as emerge from the record are that the petitioner after having rendered services as Instructor AEC Special in the Indian Army, retired from Army Education Cops on 30th November 2009, as is evident from discharge book, (Annexure P-3 (colly.) and, therefore, got himself enrolled with Ex-servicemen Cell Hamirpur, for re-employment. Though, pursuant to requisition sent by the Department of Education, name of the petitioner as Ex-serviceman came to be sponsored by Ex-servicemen Cell Hamirpur, H.P. vide communication dated 21st April, 2012, however, Directorate of Higher Education, Himachal Pradesh, vide communication dated 7th August, 2012 (Annexure P-1), rejected the candidature/ nomination of the petitioner on the ground that he does not fulfill the norms of Recruitment and Promotion Rules for the post in question. Besides above, Department also stated in the communication as referred to above that clarification regarding equivalency of concerned diploma to that of B.Ed., has been sought from Himachal Pradesh University.