RUCHY SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) PRESENT Civil Writ Petition is filed under Article 226 of the Constitution of India. It is pleaded that petitioner has passed M. Com in the year 2001. It is further pleaded that in the year 2006 petitioner has qualified NET and in the year 2008 petitioner passed M. Phill in commerce. It is further pleaded that thereafter petitioner served as lecturer college cadre in erstwhile DAV College Daulatpur chowk. It is further pleaded that petitioner is 50% physically handicapped in her right lower limb. It is further pleaded that in the year 2008 HP Public Service Commission notified one post of lecturer in commerce college cadre reserved for Ortho handicapped and the petitioner applied for the same post. It is further pleaded that in the year 2009 petitioner was called for personal interview against Roll No. 3 and she was declared successful and was recommended for appointment as lecturer in commerce college cadre on regular basis against the post reserved for physically handicapped. It is further pleaded that on dated 5.6.2010 instead of giving regular appointment to the petitioner, she was appointed as lecturer in college cadre in commerce subject on contract basis on consolidated salary of Rs. 12,000/ - per month. It is further pleaded that on dated 11.6.2010 petitioner joined duties under protest. It is further pleaded that notification dated 5.6.2010 Annexure P8 to the extent that petitioner was appointed on contract basis instead of regular appointment be quashed and set aside. It is further pleaded that respondent No. 1 be directed to give appointment to the petitioner on regular basis as recommended by HP Public Service Commission Shimla through its Secretary. Prayer for acceptance of writ petition sought.

(2.) PER contra reply filed on behalf of respondent No. 1 pleaded therein that requisition was sent to HP Public Service Commission for filling up 742 posts of lecturers in college cadre in which 92 posts were reserved for persons having disability. It is further pleaded that same were advertised by HP Public Service Commission. It is further pleaded that during the year 2008 government withdrew said requisition from HP Public Service Commission except 92 posts reserved for the disabled persons. It is further pleaded that thereafter government again submitted requisition for filling up 633 posts of lecturers in colleges on contract basis and said posts were advertised by HP Public Service Commission. It is further pleaded that 92 posts reserved for person with disability. It is further pleaded that six names were recommended by HP Public Service Commission for the appointment of lecturer college cadre out of handicapped person. It is further pleaded that before offering appointment to handicapped candidates government had already offered appointments to number of candidates as lecturer in various subjects on contract basis in college. It is further pleaded that if regular appointment was given to the handicapped persons then regular candidate would become senior. It is further pleaded that thereafter administratively it was decided to offer the appointment to the handicapped candidates on contract basis. It is further pleaded that claim of the petitioner is not justified. Prayer for dismissal of writ petition sought.

(3.) COURT heard learned Advocate appearing on behalf of the petitioner and learned Additional Advocate General appearing on behalf of the State and learned Advocate appearing on behalf of HP State Public Service Commission and also perused entire records carefully.