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Himachal Pradesh High Court · body

2011 DIGILAW 2513 (HP)

Narayan Dutt v. State of H. P.

2011-10-20

KURIAN JOSEPH, RAJIV SHARMA

body2011
JUDGEMENT Justice Rajiv Sharma, Judge (oral). This Letters Patent Appeal is directed against the judgment dated 30.3.2011 of the Learned Single Judge rendered in CWP (T) No. 12692 of 2008. 2. Material facts necessary for the adjudication of this appeal are that the State initiated the process for filling up the post of Assistant Teacher in Government Primary School, Chattor, Tehsil Pachhad, District Sirmaur from general I.R.D.P. candidate. Minimum educational qualification prescribed for the post in question was 10+2. Appellant and respondent No.4 participated in the selection process. However, Selection Committee recommended the name of respondent No.4. Appellant assailed the appointment of respondent No.4 by filing original application before the erstwhile Himachal Pradesh Administrative Tribunal, which after the abolition of the Tribunal, was transferred to this Court and registered as CWP (T) No. 12692. Learned Single Judge dismissed the same holding that since the petitioner belonged to O.B.C. category and did not belong to I.R.D.P. category, he was not eligible. 3. We have gone through the pleadings of the parties and the judgment of the learned Single Judge carefully. 4.The post in question was reserved for I.R.D.P. general candidate. Appellant belonged to O.B.C. category. The post in question was not reserved for O.B.C. candidate. 5.Now, as far as the question of qualification is concerned, according to Mr. Ankush Sood, learned Additional Advocate General, Prag Shastri was recognized in the year 2004 equivalent to 10+2 examination. Mr. Rajesh Verma on the basis of Annexure A-3 has argued that State Government has now decided not to equate Prag Shastri with 10+2 examination. This notification has been issued on 9.3.2006. It will apply prospectively. 6. Accordingly, there is no merit in the Letters Patent Appeal and the same is dismissed. No costs.