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2009 DIGILAW 1293 (HP)

VIPAN KUMAR v. STATE OF H. P.

2009-12-16

DEEPAK GUPTA, V.K.AHUJA

body2009
JUDGMENT Deepak Gupta, J.(Oral)- The brief facts of the case are that the Parents Teacher Association of Government High School, Kamlah Fort, Tehsil Sarkaghat, District Mandi, initiated the process for selection of language teacher, art teacher and drawing master to be appointed on PTA basis in the aforesaid school. The present petitioner applied for the post of TGT(Arts). 2. The respondent No.5 Parents Teacher Association conducted the interviews of a number of candidates. One Smt. Leela Devi was selected for the post of language teacher, Hema Devi was selected for the post of TGT (Arts) and Manoj Kumar was selected for the post of Drawing Teacher. Hema Devi did not join the said post. The petitioner was second in the merit as far as the post of TGT(Arts) is concerned. He being the first candidate in the waiting list, the President of the PTA issued a letter dated 9th October, 2006 appointing him as TGT (Arts) on PTA basis in the aforesaid school. It appears that in the meantime some members of the Parents Teacher Association, the Pradhan of the Gram Panchayat and other local members made a representation to the Headmaster that the petitioner may not be permitted to join and that 10 extra marks be given to candidates belonging to the local Panchayat and after giving these marks fresh appointment be made. On this basis the Headmaster; respondent No.4, did not accept the joining report of the petitioner. 3. The petitioner thereafter approached the Tribunal which held that his original application was not maintainable since the Tribunal had no jurisdiction to decide the dispute. Hence, the present writ petition. 4. It is not disputed that the petitioner was number two in the list of candidates interviewed for the post of TGT (Arts). Ms. Hema Devi, who was at number one, was offered the appointment but she did not join. Thereafter, the President of the PTA offered appointment to the petitioner. The objection raised by the Pradhan of the Gram Panchayat and other members of the PTA as well as some other local residents was that 10 marks should be allotted to persons belonging to the local Panchayat. 5. We are of the clear cut view that the criteria for the interviews must be fixed before the interviews take place. The objection raised by the Pradhan of the Gram Panchayat and other members of the PTA as well as some other local residents was that 10 marks should be allotted to persons belonging to the local Panchayat. 5. We are of the clear cut view that the criteria for the interviews must be fixed before the interviews take place. Once interviews take place and selection is made according to the criteria fixed then after selections have been made, at the time of appointment, fresh conditions cannot be imposed by anybody. Despite notice the PTA has not appeared before us. 6. By the same process of selection two other candidates were appointed. They may or may not be local candidates but the fact was that they were appointed without giving them 10 marks for being local candidates. Now after the selection process has been completed and the petitioner stood at number No.1 in the waiting list his appointment could not be thwarted only on the ground that 10 extra marks be given to a local candidate. In para 8 of the reply it is mentioned that thereafter the President of the PTA cancelled the appointment of the petitioner. No material to support this averment has been placed on record. Be that as it may, even if some cancellation has been made that is of no avail. Once the process of selection had been completed and letter of appointment had been issued the petitioner should have been appointed unless some regular hand was being appointed to the post. 7. Therefore, we quash the decision of the Headmaster not to accept the joining report of the petitioner. We direct that in case the post of TGT (Arts) in Government High School, Kamlah Fort, has not been filled in by a regular candidate the petitioner shall be permitted to join as a PTA teacher and continue to work as such till a regular hand is appointed. The petition is disposed of in the aforesaid terms. No order as to costs.