Professional Documents
Culture Documents
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9.12.2014
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Decided on:
Petitioner.
Versus
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Appellant.
Versus
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Appellant.
Versus
Appellants.
Versus
Appellants.
Versus
Chander Mohan Negi & others
Respondents.
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6. CWP No. 7728 of 2013
Shikha Mankotia & others
Petitioners.
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Petitioners.
Versus
Coram
Respondents.
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Advocate,
for
Advocate,
for
Advocate,
for
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Advocate,
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Advocate,
for
Advocate,
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Advocate,
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8.
4.
3303 of 2012, titled as Chander Mohan Negi & others versus State
of Himachal Pradesh & others, and sought following reliefs
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amongst others:
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5.
October,
(hereinafter
referred
to
as
"the
impugned
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medium of LPAs No. 504, 512, 507 of 2012 and 203 of 2014,
respectively, on the grounds taken in the respective memo of
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appeals.
6.
7728 and 8412 of 2013, also came to be filed in this Court, whereby
the writ petitioners have sought quashment of all the appointments
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made by the State in terms of the said policies on the grounds that
the appointments are illegal and have deprived them to participate,
though, they are eligible in all respects and have a right to
participate in the selection process.
7.
of facts and law were involved in all the appeals and the writ
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petitions.
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explained what were the basis for regularizing their services and
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regularized.
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11.
the same time, it is to be kept in mind that the State has power to
make one-time measure schemes/policies in order to achieve the
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difficult/hard areas.
12.
petitions and the appeals. The writ petitioners in the writ petitions
have averred that now by subsequent developments and by efflux
of time, they have acquired qualification and have a right of
consideration.
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averred that the writ petitioners became eligible much after these
teachers, who were appointed in the years 2001 and 2003, i.e. in
the year 2010, the writ petitions came to be filed at least after
eleven years and it is not mentioned in the writ petition that the
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16.
reply on merits filed in CWP No. 3303 of 2012 that the appointment
of these teachers has not affected the writ petitioners in any way.
It is apt to reproduce para 11 of the reply on merits herein:
"11. That in reply to this para it is submitted
that the Department was not in a position to
leave the schools teachers deficient for long
since it would have affected the studies of the
students very badly. Therefore, teachers had
been appointed under various schemes at
various point of time. Such appointments had
been made up to year-2007 and have no impact
on the petitioners since they have completed
their 2 year JBT training in the year-2010 and
are required to qualify the TET as submitted in
the preliminary submissions."
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chosen not to file rejoinder and the stand taken by the State has
remained uncontroverted.
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19.
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20.
The Apex Court has taken the same view in the case
titled as Indu Shekhar Singh & Ors. versus State of U.P. &
Ors., reported in 2006 AIR SCW 2582.
It is apt to reproduce
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21.
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respondents
have
accepted
the
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23.
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The Apex Court has laid down the same principle also
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30. ...............
26.
It is apt to
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in the judgments (supra) and keeping in view the aim and object of
the policies of the State Government, the appointments made
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Sanctioned Filled
Posts
up
Vacant
J B Ts
28829
25971
3257
T G Ts
13298
12143
1155
C&V
13906
11547
2359
Lecturer
7370
(School cadre)
6730
640
DPE
573
105
678
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31.
pendency of the appeals and the writ petitions, the respondentsState have given the existing vacancy position, which do disclose
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C&Vs, PTAs and PATs. It also discloses the reasons for formulation
It is apt to reproduce
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Vacant
JBTs
21778
20972
---
3552 ---
806
TGTs
14822
13231
724
---
1062 1591
C&V
16019
12079
764
---
2943 4831
Lecturer
School
16081
13936
functional
2145 non
functional
508
---
1964 1980
DPE
1486
1264
93
---
323
222
Lecturer
College
2240
1570
---
---
80
670
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Category Total
sanction
posts
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disclose that the State has achieved the aim and object of the said
policies.
33.
affidavit has not been rebutted by any of the writ petitioners or the
respondents in the appeals.
34.
-: 24 :show their right or cause. The argument advanced was that the
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not even eligible at the relevant point of time, what locus do they
have to question the selection/appointment of the said teachers?
Learned counsel for the writ petitioners argued that
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the writ petitioners have filed the writ petitions in the nature of
Public Interest Litigation.
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-: 26 :motive behind
litigation.
filing
the
public
interest
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40.
the learned Single Judge have specifically averred in all the writ
petitions that they have a right of consideration. Meaning thereby,
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they have interest. Applying the ratio of the Apex Court judgments,
writ in the nature of Public Interest Litigation is not maintainable
in service matters. In the cases in hand, the writ petitioners do
have interest, thus, on this count, the writ in the nature of Public
Interest Litigation is not maintainable.
41.
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pointment, if otherwise, the appointment was in breach of statutory provisions of a mandatory nature. It has,
therefore, become necessary for us to
consider the validity of the impugned
notification said to have been issued in
breach of statutory provision."
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44.
said and held that the writ petitioners and respondents in the
appeals have failed to carve out a case for interference.
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before this Court. Only on this count, the writ petitions filed before
this Court, i.e. CWPs No. 6916 of 2011, 7728 & 8412 of 2013, merit
to be dismissed and the impugned judgment merits to be set aside.
46.
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candidates, who have been appointed, are not party before us,
though, it is stated that they have arrayed the Association as partyrespondent. It is not averred in any of the writ petitions, whether
all those teachers are the members of the Association and it was
called Association.
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47.
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48.
petitioners. If, at all, they had carved out a case, they could have
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sought their selection against three posts. The persons, who came
to be appointed, are not parties and how a direction can be made to
phase out them without even hearing them.
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filed in CWP No. 3303 of 2012 and the stand taken in the
supplementary affidavit filed in CWP No. 7728 of 2013 that a large
number of posts are vacant, at best, the writ petitioners can
It is also a question mark
50.
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has utilized the services of the said teachers right from the year
2003, they have lost their youth and are performing their duties
with legitimate expectations and the Government, after taking note
of their work and conduct, as discussed hereinabove and at the
cost of repetition, came forward and regularized their services and
by now, they must have crossed the age of consideration and the
impugned judgment has taken away their bread, not only the
bread, but has affected their matrimonial home and their family
and career of their children for no fault of theirs.
51.
Accordingly,
CWPs No. 6916 of 2011, 7728 and 8412 of 2013 are dismissed,
LPAs No. 504, 507, 512 of 2012 & 203 of 2014 are allowed, the
-: 31 :impugned judgment is set aside and CWP No. 3303 of 2012 is also
connected files.
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December 9, 2014
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( rajni )