MANORMA VERMA Vs. STATE OF HP & ORS.

JUDGEMENT

(1.) By way of present writ petition filed under Section 226 of the Constitution of India, the petitioner has invoked extraordinary jurisdiction of this Court and has prayed for following reliefs: -

(2.) Briefly stated facts as emerge from the record are that the petitioner was selected and appointed as Trained Graduate Teacher ( In short 'TGT') Arts in the Government High School Chanair, Tehsil Theog, District Shimla, Himachal Pradesh by Parents Teachers Association ( in short 'PTA'). PTA appointed the petitioner as TGT in terms of PTA Rules, 2006. Perusal of communication dated 20.9.2006 written by Headmaster Government High School Chanair, Theog addressed to learned Deputy Director of Education, Shimla, HP, suggests that the petitioner was appointed against the post of TGT (Arts) on merit basis by the PTA. Careful perusal of the letter also suggest that the petitioner was selected by the PTA in terms of PTA new Rules, formulated by State of Himachal Pradesh and appointment of the petitioner was made purely on temporary basis. Pursuant to aforesaid communication dated 20.9.2006, the petitioner applied within 15 days of the issuance of the aforesaid letter and joined at the aforementioned school as TGT.

(3.) Subsequently, Government of Himachal Pradesh, Higher Education Department issued a notification on 27.5.2008, providing that committees constituted in terms of notification dated 19.4.2008 would hear the affected parties/complainants after going through the records and guidelines to take appropriate decision. Vide communication dated 27.5.2008 (Annexure P -6), State of Himachal Pradesh framed following guidelines: -