LAWS(HPH)-2007-4-19

D.K.GAUTAM Vs. STATE OF H.P.

Decided On April 10, 2007
D.K.Gautam Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) THIS petition for review has been filed for recalling the order passed by a Division Bench of this Court on 23.2.1995 dismissing the petition filed by the petitioner.

(2.) THE facts necessary for the disposal of the review petition are that the petitioner at the time of filing of the original writ petition in 1992 was working as lecturer in Civil Engineering in Government Polytechnic, Hamirpur, H.P. He had approached this Court with a prayer that the Government was making promotions to the higher posts as per its own Recruitment and Promotion Rules, which were not in accordance with the norms and standards laid down by the All India Council for Technical Education, New Delhi relating to the qualifications, experience, etc. of the teaching staff. The petitioner had contended that the guidelines, norms and standard laid down by the said Council (here-in-after called the Council) were binding upon the State in terms of the All India Council for Technical Education Act, 1987.

(3.) THE main grievance of the petitioner is that an incorrect impression was given to the Court by the learned Deputy Advocate General that Recruitment and Promotions Rules have been amended and brought in line with the norms and standards prescribed by the Council. It is also alleged that the Court infact virtually did not consider the question that the norms and standards laid down by the council had to be followed in view of the provisions of the All India Council for Technical Education Act. On the other hand the counsel for the respondents submitted that there is no merit in the review petition as there is no error apparent on the face of the record and no case for allowing the review petition has been made out.