ATTI SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PRESENT civil writ petition filed under Section 226 of Constitution of India to quash the appointment of respondent Nos. 3 and 4 to the post of Instructor Embroidery and Needle work on contract basis and also to quash renewal thereof in pursuance to agreements Annexure P -21 and P -22 with retrospective effect. It is pleaded that in alternative fresh selection process and interview be held. It is further pleaded that selections of respondent Nos. 3 and 4 are contrary to law and contrary to procedure for the post of Instructor Embroidery and Needle work. It is further pleaded that petitioner initially filed the Original Application No. 524 of 2008 before the Erstwhile Himachal Pradesh Administrative Tribunal at Shimla. It is further pleaded that subsequently said original application was transferred to Hon'ble High Court and registered as CWP (T) No. 478 of 2008 and further pleaded that Hon'ble High Court of H.P. disposed of CWP (T) No. 478 of 2008. Contempt Petition No. 287 of 2010 was also filed by the petitioner before the Hon'ble High Court of H.P. It is further pleaded that respondents replied that petitioner stood much low in the merit list. It is further pleaded that respondent No. 3 and 4 have produced forged and fabricated experience certificate in order to get employment to the post to which both were ineligible. It is further pleaded that respondent Nos. 3 and 4 have obtained the employment on the basis of forged and fabricated documents and they could not be permitted to continue in service on contractual basis and their employment be terminated with retrospective effect.

(2.) PER contra, reply filed on behalf of respondents Nos. 1 and 2 pleading therein that replying respondents department issued advertisement for engagement of Crafts Instructors on contract basis in various trades for newly opened Industrial Training Institute and further pleaded that on dated 8.9.2007 interview was conducted by Selection Committee constituted by replying respondents in which petitioner also appeared along with other candidates interviewed for engagement for the post of Instructor Embroidery and Needle work on contract basis. It is further pleaded that candidates who were found eligible and fulfilled the requisite essential education and professional qualifications including experiences as per existing recruitment and promotion rules required for the post under reference were engaged on contract basis. It is further pleaded that respondents Nos. 3 and 4 were employed in order of merit as well as experience certificates produced before the Selection Committee. It is further pleaded that undertakings were also given by candidates upon the bio -data form/application forms that information given by the candidates was true and if statement given would found to be false or incorrect then candidature would be cancelled. It is further pleaded that petitioner did not challenge the certificates submitted by respondents Nos. 3 and 4 at the time of selection process. Prayer for dismissal of petition sought.

(3.) FOLLOWING point arises for determination in this civil writ petition: