TEJ RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of present writ petition under Article 226 of the Constitution of India, the petitioner has invoked the extra ordinary jurisdiction of this Court and has prayed for following relief: -

(2.) Briefly stated facts as emerge from the record are that the respondents -State realizing that there are large number of vacancies, especially in difficult and remote area schools lying vacant and there is no likelihood of making regular recruitment in near future, decided that PTAs may be allowed to make recruitment qua C & V category teachers i.e OT (Shashtries), LT, DM, and PETs (Annexure P -1). However, while making aforesaid decision respondent specifically stipulated in the communication dated 13.7.2007 that no Music Teacher, Home Science Teacher or Craft Teacher, shall be provided by the PTAs for the time being. The respondents -State while issuing the aforesaid communication dated 13th July, 2007 authorizing PTAs to make appointment as referred above, prescribed the following procedures: -

(3.) In pursuance to aforesaid communication/ circular issued by respondent No.6 i.e. Pradhan, Parents Teachers Associations( in short "PTA"), Government Middle School, Bench, Tehsil and District Kullu, H.P conducted interviews for the post of Physical Education Teacher( in short" PET") on PTA basis for Government Middle School, Benchi. The interviews for the post were held on 5.10.2007, where 16 candidates along with petitioner as well as respondents No.7 and 8 appeared. Record further reveals that present petitioner was selected and appointed as PET in the Government Middle School, Benchi on 10th/11th October, 2007. Thereafter vide Annexure P -2 i.e. letter No. DEM -A -Kha(7)3/2006, dated 27th May, 2008, Higher Education Department H.P. Government, issued notification in continuation of its earlier notification dated 19th April, 2008, whereby respondents -State had constituted committees to inquire into the cases of irregularly appointed teachers by the PTA but subsequently vide notification dated 27th May, 2008, Higher Education Department H.P. Govt., provided that the committees will hear the affected parties/complainants after going through the records and guidelines framed vide notification referred above.