DHYAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PROCESS for filling up the posts of Para Teachers (TGT) was initiated by the respondent-State in Government High School, Kathog, Government High School, Kiara, Government Middle School, Chehar and Bathlaog under C.H.S. Sarog and G.M.S. Ghorna under G.S.S.S. Deha. Petitioner also participated in the selection process and was interviewed on 27.6.2004. However, the selection committee recommended the names of respondents No. 4 to 8. 2. Mr. P.P. Chauhan has vehemently argued that his client was entitled to get 10 marks for Whether reporters of the local papers may be allowed to see the judgment? Yes experience since he was teaching with effect 19.8.1999 in Prem Public School (recognized). He then argued that there are numerous cuttings in the mark-sheet. According to him, initially the petitioner was granted 10 marks, but those were scored off and ultimately, petitioner was awarded only 2.5 marks. 3. Mr. Rajender Dogra, learned Additional Advocate General appearing on behalf of respondent- State, Mr. Lalit K. Sehgal, Mr. L.N. Sharma and Mr. Surender Kumar appearing on behalf of respondents No. 4, 8 and 9 have supported the selection process. Respondents No. 5 to 7 though served but neither they are present nor represented by their counsel. Respondent No.9 was also added by this Court. He has filed detailed reply. He was Chairman of the Selection Committee being Sub Divisional Magistrate-cum-Sub Divisional Officer (Civil), Theog. 4. I have heard the learned counsel for the parties and have perused the pleadings carefully. 5. Detailed procedure has been given the manner in which marks for experience have to be awarded to the candidates for the post of Para Teacher (TGT). According to Annexure R-9/B, teacher is to be given for every six months credit of 2.5 marks, if he is teaching in Government/Government Aided Government recognized school on or before 15.7.1996. In the instant case, petitioner has placed on record Annexure A-1. According to Annexure A-1, petitioner was teaching in Prem Public School, Theog with effect from 19.8.1999. The date of issuance of certificate is 5.12.2001. The certificate placed on record by the petitioner, i.e. Annexure A-2 cannot be taken into consideration since the same has not been countersigned by the Deputy Director of Education. This was mandatory condition and the same has not been complied with by the petitioner. Thus, the petitioner cannot be given any benefit of Annexure A-2. 6. According to the material placed on record, respondent No.4 has secured 60.81 marks, respondent No.5 has secured 58.96 marks, respondent No.6 has secured 57.57 marks, respondent No.7 has secured 55.77 marks and respondent No.8 has secured 65.27 marks. Respondents No. 4 to 8 have been appointed Para Teachers (TGT) in Government High School, Kathog, Government Senior Secondary School, Kiara, Government Middle School, Chehar, Government Middle School, Bathlaog and Government Middle School, Ghorna. Petitioner has secured 54.97 marks as per Annexure R-3. 7. Mr. Rajinder Dogra, learned Additional Advocate General has strenuously argued that since the petitioner has obtained his B.Ed. degree in the month of April, 2001, marks for experience could not be given to him before 2001. He has also argued that petitioner has placed on record Annexure A-2 even though according to him, the same could not be looked into since it has not been countersigned by the Deputy Director Education. Petitioner has not rebutted the averments contained in the reply to this effect. 8. The Court is primarily concerned with Annexure A-1, which is issued on 5.12.2001. On the basis of Annexure A-1, petitioner has started teaching with effect from 19.8.1999. It can safely be presumed that he had been teaching till 5.12.2001. Thus, he has worked for more than one year. He was entitled for 5 marks for teaching experience. 9. Their Lordships of the Hon'ble Supreme Court in Anil Kumar Gupta and others versus Municipal Corporation of Delhi and others, (2000) 1 SCC 128 have held that where the advertisement prescribed two years' professional experience, the same need not be experience gained after obtaining the degree. Their Lordships have held as under: