JUDGMENT : SURESHWAR THAKUR, J. 1. The petitioner as disclosed in Annexure P-12-C was appointed as teacher (Art & Craft) on PTA basis in Government High School, Deva Manal, Sub Tehsil Nohra, District Sirmour, H.P on 4.10.2006. Respondent No.5 instituted a complaint before the Sub Divisional Officer (Civil) Nahan, District Sirmaur, H.P., alleging therein that the appointment of the petitioner herein by respondent No.4 to the post of teacher (Art and craft) on PTA basis in the school concerned was unwarranted. The Sub Divisional Officer (Civil) who conducted the inquiry rendered a conclusion in his inquiry report comprised in Annexure P-3 that since the petitioner herein had taken admission in 2000, in the institution concerned for obtaining therefrom a diploma in Art and craft whereas the notification of 27.10.2008 of the Government eligiblising only those aspirants for being considered for selection and appointment to the post of Teacher (Art and Craft) in the school concerned, who have taken admission in the institution concerned during 01-06-2001 to 31.8.2005. Necessarily then given the factum of the petitioner herein having taken admission in 2000 in the institution concerned rendered her to be ineligible for hers being considered for selection besides rendered her consequential appointment by the respondent concerned to the post of Teacher (Art & craft) on PTA basis in the school concerned, to be vitiated. 2. The reason as meted out in Annexure P-3 stands imbued with a legal infirmity leaving it to be unsustainable especially in the face of this court as manifested in Annexure P-4 having, in paragraph 2 whose contents are extracted hereinafter, mandated therein that the services of any teacher (Art & craft) appointed on PTA basis in the school concerned, who has been admitted in the institute concerned between 1.6.2001 and 31.8.2005 and has been conferred by it a diploma in the discipline aforesaid, shall not be terminated. Apart therefrom with a manifestation therein of the services of any Teacher (Art and Craft) appointed on PTA basis in the school concerned who has been awarded a diploma in the apposite discipline between 1.6.2001 and 31.8.2005 being not amenable to termination, lends amplifying vigor to an apt conclusion that hence when the petitioner herein had a justifiable right for hers being considered for selection to the post of Teacher (Art & Craft) on PTA basis in the school concerned, renders hence her appointment thereto being not legally infirm especially with hers having in consonance with the verdict of this Court comprised in Annexure P-4 conferred, by the institution concerned a diploma in Art and craft between 1.6.2001 and 31.8.2005: “2. We are informed that certain directions have been issued from the Directorate to terminate the services of the candidates, contrary to what has been observed above. It is made clear that no C&V teacher who has been awarded diploma in Art and Craft between 01.06.2001 and 31.8.2005 and no candidate who has been admitted between 01.06.2001 and 31.8.2005 and subsequently been awarded diplomas, shall be terminated from service. In case any contrary communication has been issued in this regard, the same shall be recalled forthwith.” 3. In sequel, the Inquiry Officer in Annexure P-3 was disempowered to deeligiblise the petitioner herein for hers being considered for selection and appointment to the post of Teacher (Art and craft) on PTA basis in the school concerned by applying a notification of 27.10.2008 issued by the respondents-State. Obviously, Annexure P-3 has been rendered in ignorance of Annexure P-4. In sequel the impugned order is per incuriam vis-à-vis the rendition of this court comprised in Annexure P-4. Necessarily then it warrants its being quashed and set aside. However, the issue of hers as manifested in Annexure P-3 holding a diploma in the discipline concerned not recognized by the Government of H.P is left open. In view of above, present petition stands disposed of, as also the pending applications, if any.