RACHHPAL SINGH DADHWAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

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

(2.) Brief facts of the case are that petitioner was appointed Lecturer Physical Education (D.P.E) in D.A.V. College, Daulatpur Chowk, District Una, H.P. on 5/1/1979. At that time, petitioner held a Diploma in Physical Education from Nagpur University. In the year 1984, petitioner acquired M.A. Degree in History. Himachal Pradesh University approved the appointment of petitioner as Lecturer in Physical Education in D.A.V. College, Daulatpur Chowk, District Una, H.P. w.e.f. 3/10/1979, vide executive council decision dtd. 3/8/1991.

(3.) In the year 2007, respondent No.1 took over the management and also the services of teaching and non-teaching Staff of D.A.V. College, Daulatpur Chowk. The services of the petitioner were taken over as Lecturer (School Cadre) instead of Lecturer (College Cadre), vide notification dtd. 4/1/2007, on the premise that petitioner did not have the requisite qualification for the post of Lecturer Physical Education ( College), at the time of taking over of the College.