SUNDER SINGH Vs. STATE OF H P

JUDGEMENT

(1.) THE petitioner by means of this petition has challenged the order dated 13.6.2006 (Annexure A-12) whereby his services as Primary Assistant Teacher (PAT) have been terminated.

(2.) THE main grouse of the petitioner is that this order has been passed without issuing any notice to him. THErefore, the rules of natural justice have been violated. It is not disputed that the impugned order has been passed without issuing notice to the petitioner. THErefore, technically speaking the rules of natural justice were violated.

(3.) IN the present case applications were invited for filling up the post Primary Assistant Teacher in Government Primary School, Bouhar, Tehsil Chopal, Distt.Shimla. Two persons i.e. the petitioner Sunder Singh and Joginder Singh applied for the said post. The candidature of the petitioner was rejected on the ground that he has a certificate of Prabhakar Matric in second division and English of Prep. standard and hence he is not eligible. The second candidate, Joginder Singh, had not produced the original certificate of 10+2. Therefore, the Selection Committee headed by the SDM and consisting of the BPEO, the Pradhan of Gram Panchayat and the Centre Head Teacher directed that the interviews be cancelled and BPEO Nerwa was directed to take further action for conducting interviews lateron. This order was obviously passed on 15.5.2006. This Court is not going into the question as to whether this order was right or wrong or whether the candidates were eligible or not. This order has never been challenged and it is apparent that the interviews were cancelled.