NIRU DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioners have applied for Junior Basic Teacher Course When the communications for interview were sent to them the petitioners were required to produce at the time of interview alongwith other certificates, a certificate from Revenue Authority not below the rank of Tehsildar of the area to show the District to which the petitioners belong and a certificate from Revenue Authority not below the rank of Tehsildar of the area to show that the petitioners are bona fide residents.

(2.) The first petitioner is the daughter of one Prem Krishan Gautam, who was working as Lecturer in Hindi in various schools in Sirmaur District from May 1973 to January 1990 He was serving again from August 1994 in Government Senior Secondary School, Sarahars District Sirmaur, This petitioner was born in District Sirmaur when her father was serving there. She had her education in that District. She has produced a certificate to show that she has passed Middle Standard Examination held in December 1987 and she has also produced a certificate issued to her on passing Matriculation examination. That examination was also taken by her in District Sirmaur. She has produced a certificate from Honourary Executive Magistrate, Krishangarh Kuthar (Kasualt), District Solan, that her father is serving in Government Middle School, Chandi, Tehsil Krishangarh, District Solan since 1967 and that he is a permanent resident of Himachal Pradesh That certificate bears the date 1 -8 -1992. At that time, the first petitioners father was serving in that District So a certificate has been obtained front the Honourary Executive Magistrate of that District After receiving communication for interview, the petitioners father applied for a certificate from the Tehsildar, Pachhad, District Sirmaur. The said Tehsildar made an endorsement on the application as follows :

(3.) To drive the first petitioner to get another certificate from the Tehsildar, Pachhad, to the effect that she belongs to District Sirmaur or that she is a bona fide Himachali at this stage after the interview for the course is over will be doing great injustice to the first petitioner. In such circumstances, we proceed to consider the sufficiency of the certificates produced by the first petitioner in this case We have already referred to the said certificates and we are of the opinion that those certificates are sufficient to prove that the first petitioner is not only a bona fide Himachali but she also belongs to District Sirmaur as she was born there and her father had served in that District for more than 17 years Hence, we direct the respondents to proceed on the footing that the first petitioner belongs originally to District Sirmaur and the certificates produced by her are sufficient to meet the requirements of Clauses 3 and 4 of the communication sent to her for interview under No. HB/JBT Cell/96 -270420, dated October 11, 1996