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Himachal Pradesh High Court · body

2015 DIGILAW 110 (HP)

Lakesh Chandel v. State of H. P.

2015-02-26

P.S.RANA

body2015
JUDGMENT : P.S. Rana, J. Order Present civil writ petition is filed under Article 226 of the Constitution of India pleaded therein that in the year 2011 petitioner after completion of his education qualification passed JBT Training Examination. It is pleaded that in the year 2012 Recruitment and Promotion Rules 2012 were notified by the respondent department whereby appointment to the post of JBT teacher was to be made on the basis of merit in TET test. It is pleaded that the petitioner vide communication dated 18.2.2014 informed by the respondent department regarding the backlog vacancies of general ward of freedom fighter in JBT posts and as per information three posts of JBT are vacant in District Bilaspur. It is further pleaded that respondent No. 3 vide communication dated 5.6.2014 further informed the petitioner that nine candidates appeared in counseling held on dated 16.1.2014 for the post of JBTs on contract basis under the category of ward of freedom fighter. It is also pleaded that Hon’ble High Court of H.P. vide judgment dated 26.6.2014 in CWP No. 8664 of 2013 titled Rajiv Bhushan vs. State of H.P. and others has directed the State Government to complete the process of filling up the backlog of the posts TGTs (OBC category). It is pleaded that respondents be directed to fill up the backlog of posts of JBT teachers reserved under the category of ward of freedom fighter on batch-wise basis and to appoint the petitioner as JBT teacher under the reserved category of ward of freedom fighter forthwith on batchwise basis. Prayer for acceptance of petition is sought. 2. Per contra reply filed on behalf of respondents pleaded therein that pursuance to the notification of NCTE dated 23.8.2012 State of H.P. has framed the Recruitment and Promotion Rules for the post of JBT teachers Class III (Non- Gazetted) and same was notified vide notification No. EDN-CA( 3)1/2002 dated 23.8.2012. It is pleaded that as per Recruitment and Promotion Rules the candidate should pass senior secondary or its equivalent with at least 50% marks. It is pleaded that in addition to this the candidate should have two years diploma in elementary education i.e. JBT course and should also pass eligibility test for appointment as JBT teacher. It is pleaded that as per Recruitment and Promotion Rules the candidate should pass senior secondary or its equivalent with at least 50% marks. It is pleaded that in addition to this the candidate should have two years diploma in elementary education i.e. JBT course and should also pass eligibility test for appointment as JBT teacher. It is pleaded that as per Clause 15(4) of Recruitment and Promotion Rules category wise merit list of candidates should be prepared on the basis of marks obtained in Teachers Eligibility Test. It is pleaded that there is no provision in Recruitment and Promotion Rules for appointment of JBT teachers on batch-wise basis. It is further pleaded that petitioner is resident of District Bilaspur and he possesses the requisite qualification for the post of JBT and falls under sub-category of Ward of Freedom Fighter (General). It is pleaded that permission for filling up 20 posts of JBTs on contract basis was conveyed to the Deputy Director of Elementary Education Bilaspur vide letter dated 26.10.2013 and Deputy Director concerned filled up 17 vacant posts as per R&P Rules out of the candidates who participated in the counseling and have passed TET (JBT) from Himachal Pradesh Board of School Education Dharamshala and also fulfill the eligibility criteria for the post of JBT. It is pleaded that as per Clause 16 of R&P Rules JBTs reservation roster was applied and requisition for remaining three posts was sent to Sub Regional Employment Officer Ex-servicemen Employment Cell at Hamirpur District Hamirpur (HP) for sponsoring of three eligible names of Exservicemen for the appointment of JBT teachers. It is pleaded that according to the running roster maintained in the District there is no vacancy in the category of ward of freedom fighter (General) and post of ward of freedom fighter was not advertised. It is pleaded that petitioner appeared in the interview against the vacancy of General (UR) category and further pleaded that claim of petitioner for appointment against the ward of freedom fighter is not justified. It is also pleaded that there is no backlog of eight posts of JBT under the sub-category of ward of freedom fighter. It is also pleaded that category wise vacancies are General-03, SC-03 and OBC-02 and due to rationalization of JBT posts during 2009 surplus posts of JBTs 126 have been held in abeyance for future utilization. It is also pleaded that there is no backlog of eight posts of JBT under the sub-category of ward of freedom fighter. It is also pleaded that category wise vacancies are General-03, SC-03 and OBC-02 and due to rationalization of JBT posts during 2009 surplus posts of JBTs 126 have been held in abeyance for future utilization. It is pleaded that petitioner appeared in interview-cum-counseling on dated 16.1.2014 against vacancy of General (UR) category and petitioner secured low marks than selected candidate. Prayer for dismissal of writ petition sought. 3. Petitioner filed rejoinder and re-asserted the allegations mentioned in the petition. Court heard learned Advocate appearing on behalf of the petitioner and learned Additional Advocate General appearing on behalf of the respondents and Court also perused the entire record carefully. 4. It is proved on record that petitioner applied for information qua back log vacancies of general ward of freedom fighter in JBT posts in District Bilaspur and PIO-cum-Deputy Director of Elementary Education Bilaspur District Bilaspur (HP) had submitted the report which is quoted in toto:- “No.EDN-BLS-Elem-(E-IV)(RTI)-2013-44135-36 O/o the Dy. Director of Elem. Education Bilaspur District Bilaspur (HP) Bilaspur Dated 18-02-2014 To Sh. Lakesh Chandel, S/o Shri Onkar Singh Vill Balhu, P.O. Bhager, Tehsil Ghumarwin, District Bilaspur (H.P.) SUB:- Regarding submission of Information under RTI Act 2005. Memo:- Please refer to your application dated Nil onthe subject cited above. In this context, the information as desired under Point No. Ga is being provided to you as detailed below:- 1. The back log vacancies of general Ward of Freedom Fighter in JBT posts are 03 in Distt. Bilaspur. Sd/- PIO-cum-Deputy Director of Elementary Education Bilaspur District Bilaspur(H.P.) Endst. No:- As above. Copy to:- 1. The Dealing Assistant (RTI) for information please. 2. Guard file. Sd/- PIO-cum-Deputy Director of Elementary Education Bilaspur District Bilaspur” 5. It is proved on record that thereafter petitioner also sought information under RTI Act 2005 for merit list prepared by Deputy Director of Elementary Education Bilaspur and list was submitted which is quoted in toto:- “Information under RTI Act -2005 sought by Sh. 2. Guard file. Sd/- PIO-cum-Deputy Director of Elementary Education Bilaspur District Bilaspur” 5. It is proved on record that thereafter petitioner also sought information under RTI Act 2005 for merit list prepared by Deputy Director of Elementary Education Bilaspur and list was submitted which is quoted in toto:- “Information under RTI Act -2005 sought by Sh. Lakesh Chandel son of Shri Onkar Singh Point No. (Ka) to (Ga): It is informed that during the counseling held on 16.01.2014 in this office for the post of JBTs on contract basis some candidates belonging to general categories who have participated in the interview-counseling process against the post of general (UR) category have enclosed TET Certificates with their applications in which the sub-category has been shown Gen ward of freedom fighters. The names of such candidates are given below:- Sr. No. Name of Candidate Category Sub category Years of passing Marks Obtained in TET 1 Anjali Sharma General WFF 2013 91 2 Shivani Sharma General WFF 2011 93 3 3. Raj Kumar General WFF 2013 93 4 Manish Kumar General WFF 2011 120 5 Lakesh Chandel General WFF 2011 116 6 Kiran Kumari General WFF 2013 115 7 Suneel Kumar General WFF 2013 101 8 Poonam Sharma General WFF 2013 91 9 Sanjeev Kumar General WFF 2013 91 6. Penal list was prepared on the basis of counseling held on dated 16.1.2014. Present writ petition was filed by petitioner on dated 23.7.2014. It was held in case reported in AIR 2000 SC 1097 titled State of U.P. vs. Ram Swarup Saroj that if valid panel of one year is expired during the lis-pendence then relief could not be refused to the petitioner on the ground that period of panel expires during pendency of case. 7. In view of above sated fact and case law cited supra respondents are directed to consider the case of petitioner in accordance with law within two months from today after hearing the petitioner and thereafter decision will be communicated to the petitioner in accordance with law. Petition stands disposed of. No order as to costs. All pending miscellaneous application(s) if any also stands disposed of.