HEMANT KUMARI SHARMA Vs. STATE OF H P

JUDGEMENT

(1.) PRESENT petition filed by petitioner under Article 226 of the Constitution of India. It is pleaded that in the year 1994 petitioner has passed her Matriculation Examination from the H.P. Board of School Education and in the year 1997 petitioner has obtained Diploma/Certificate in Physical Education. It is further pleaded that on 10th January 2011 the department of Education has framed new Recruitment and Promotion Rules for the post of Physical Education teacher. It is also pleaded that Employment Exchange respondent No. 4 did not sponsor the name of petitioner for the post of Physical Education teacher to be recruited on batch -wise basis for which interview was to be held w.e.f. 9th September 2013 onwards. Prayer for acceptance of writ petition sought.

(2.) PER contra reply filed by respondents pleaded therein that petitioner has completed one year course of Certificate of Physical Education whereas employer demanded Bachelor/Diploma in physical education. It is pleaded that name of petitioner was not sponsored due to non -eligibility of the petitioner to the post of Physical Education teacher as per essential qualification fixed by appointment authority. It is further pleaded that requisite form was received from the employer in the Employment Exchange wherein 6 posts of Physical Education teachers purely on contract basis at the salary of Rs.13500/ - (Thirteen thousands five hundreds) fixed per month were available in District Bilaspur out of which three posts were backlog posts, three posts were for unreserved candidates, two posts were for unreserved BPL and one post was for SC -BPL candidate in District Bilaspur (HP). It is pleaded that duration of vacancies was purely on contract basis to be reviewed yearly. It is also pleaded that vacancies were to be filled up by 31st August, 2012. It is pleaded that qualification required for the posts was Senior Secondary School (+2) or its equivalent examination passed with at least fifty percent marks and diploma in Physical Education (D.P.Ed) of a duration of two academic years from a University/Board recognized by HP Government or Bachelor's degree in Physical Education with fifty percent marks (B.P. Ed.) from a University recognized by HP Government. It is also pleaded that name of the petitioner was not sponsored because petitioner did not fulfill the requisite qualification as demanded by the employer. It is pleaded that as per Article 309 of Constitution of India State is legally competent to frame recruitment Rules with sole motive to increase quality in education system. Prayer for dismissal of writ petition sought.

(3.) SUBMISSION of learned Advocate appearing on behalf of petitioner that case of petitioner is covered by decision of Division Bench of Hon'ble High Court of H.P. announced in CWP No. 8022 of 2012 -C titled Saroj Kumar and others vs. State of H.P. and others decided on 9th January, 2013 and is also covered by decision of Division Bench of Hon'ble High Court of H.P. announced in CWP Nos. 2106 of 2014 titled Rup Lal and others vs. State of H.P. and others along with CWP No. 2134 of 2014 titled Brij Lal and others vs. State of H.P. and others decided on 3rd April, 2014 is accepted for the reasons hereinafter mentioned. Court has carefully perused the order passed by Division Bench of Hon'ble High Court of H.P. passed in CWP No. 8022 of 2012 -C titled Saroj Kumar and others vs. State of H.P. and others decided on 9th January, 2013 placed on record and Court has also carefully perused the order passed by Division Bench of Hon'ble High Court of H.P. passed in CWP No. 2106 of 2014 titled Rup Lal and others vs. State of H.P. and others along with CWP No. and 2134 of 2014 titled Brij Lal and others vs. State of H.P. and others decided on 3rd April 2014. It is well settled law that order of Division Bench of Hon'ble High Court of H.P. is binding upon Single Bench of Hon'ble High Court of H.P. In view of the decision of Division Bench of Hon'ble High Court of H.P. announced in CWP No. 8022 of 2012 -C titled Saroj Kumar and others vs. State of H.P. and others decided on 9th January, 2013 and in view of decision of Division Bench of Hon'ble High Court of H.P. announced in CWP No. 2106 of 2014 titled Rup Lal and others vs. State of H.P. and others along with CWP No. 2134 of 2014 titled Brij Lal and others vs. State of H.P. and others decided on 3rd April 2014 present writ petition is disposed of by directing the respondents to examine the case of petitioner if it is covered by the judgment passed in CWP No. 8022 of 2012 titled Saroj Kumar and others vs. State of H.P. and others and make decision within six weeks from today. All pending miscellaneous application(s) if any also stands disposed of.