ANUPAM SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE grievance of the petitioner in this writ petition is that she has not been declared as eligible to be considered for the post of Punjabi Language Teacher for the post interview was conducted on 22.7.2011. It is undisputed before me that the interviews to this post were held pursuant to advertisement Annexure:P -1 issued by the respondent -State. The Rules governing selection and appointment which are not disputed have been annexed with the writ petition as Annexure:P -3. Rule 7 provides for the essential qualifications which a candidate must possess before his/her case is considered. It provides: <FRM>JUDGEMENT_464_LAWS(HPH)3_2012.htm</FRM>

(2.) It is also undisputed before me that the petitioner is a matriculate who passed this examination from the Punjab School Education Board in the year 1984 with Punjabi as one of the subjects. Thereafter, the petitioner passed the pre university examination in the year 1985, graduated from the Punjab University, appeared in M.A. examination and was awarded the degree in the year 1993 and also cleared the Giani (O.T.MIL) Examination in September 2008 conducted by the Punjab University.

(3.) LEARNED counsel appearing for the petitioner has drawn my attention to Annexure:P -7 which is a communication addressed by the Director of Education to the Principal Secretary Elementary Education to the Govt. of Himachal Pradesh, Shimla -171002. A clarification was sought as to whether the petitioner was eligible to be considered for the post of Punjabi Language Teacher in terms of the Recruitment and Promotion Rules. The special Secretary, after consideration of the matter writes: