Research › Search › Judgment

Himachal Pradesh High Court · body

2018 DIGILAW 2145 (HP)

State Of H. P. v. Deep Chand

2018-12-03

AJAY MOHAN GOEL, SURYA KANT

body2018
ORDER 1. Vide order dated 2nd November, 2018, three directions were issued, namely, (i) Additional Chief Secretary (Finance) was directed to take a decision with regard to approval for sanctioning of new posts of Teachers/Masters, (ii) The Secretary of Himachal Pradesh Staff Selection Commission was directed to file a status report giving the time schedule to complete the selection process and (iii) Secretary (Education) was directed to file a status report with regard to availability of vacancies and/or creation of new posts in the Department of Higher Education, etc. 2. In deference thereto, Dr. Arun Sharma, Secretary (Education) to the Government of Himachal Pradesh, is said to have filed affidavit/status report on 30th November, 2018, which is not on record, but learned Advocate General has handed over his office copy and we have gone through its contents. As per this affidavit, out of 919 posts of JBT Teachers, requisition for 617 posts has been sent to the H.P. Staff Selection Commission (HPSSC) on 15.09.2018 and for remaining 322 posts, the same has been sent to ExServicemen Cell/Handicapped Cell/Director Youth Sports Service, Shimla. As far as 1367 posts of C&V category are concerned, requisition has been sent to H.P. Staff Selection Commission on 27th June, 2017 for 592 posts and for remaining 775 posts, the process has been initiated through Ex- Servicemen Cell, Handicapped Cell, Sports Cell and from promotion from JBT to Language Teacher etc. As regards 1901 posts of TGTs, requisition for 1171 posts has been sent to HPSSC on 27.06.2017, 12.10.2017 and 7.7.2018. Similarly, requisition for 234 posts was sent to the Ex-Servicemen Cell/Sports Cell and Handicapped Cell on 7.7.2018 and counseling for remaining batch wise recruitment of 496 posts has been completed and appointments are to be offered shortly. 3. The affidavit further reveals that the Finance Department has accorded its concurrence to fill up 671 posts of JBTs, 835 posts of TGTs, 375 posts of Shastri and 396 posts of Language Teachers in the Department of Elementary Education. The approval of the Council of Ministers has been taken to fill up these posts and a communication to this effect has been sent to the Director of Elementary Education on 27.11.2018 to initiate the recruitment process immediately. 4. The status report also reveals that 2101 posts of PGTs and 183 posts of DPEs are lying vacant in the Higher Education Department. 4. The status report also reveals that 2101 posts of PGTs and 183 posts of DPEs are lying vacant in the Higher Education Department. The approval to fill up 230 posts of PGTs has been conveyed to the Director of Higher Education on 31.10.2018. The Director of Higher Education has further informed that a requisition has been sent for filling up 222 posts of PGTs to the HPSSC on 29th November, 2018 and another requisition for 8 posts of PGTs for differently abled persons would be placed before the Handicapped Cell. It is further mentioned that DPC has been convened to fill up 535 posts of PGTs by promotion and process would be finalized soon. He has further informed that for some of the posts, eligible candidates are not available in the feeder category. As regards 183 posts of DPEs to be filled up by promotion, it is stated that eligible persons in the feeder category are not available. Lastly, the affidavit informs that the direct recruitment to 832 posts of PGT (IP) is sub judice before Himachal Pradesh Administrative Tribunal in OA No. 4800/2017 and an application for vacation of stay has been filed by the Authorities. 5. With reference to the affidavit of the Secretary (Education) to the Government of Himachal Pradesh, referred to above, we direct that the process to fill up the posts by promotion or through Ex-servicemen Cell, Handicapped Cell, Sports Cell, be expedited and status report from each Cell be obtained and appended with the common status report to be filed on the next date of hearing. 6. Similarly, the Director of Elementary Education will also send the requisition to the HPSSC in respect of the posts which are mentioned in the Government''s letter dated 27th November, 2018, within a period of one month. We will also impress upon the DPC to fill up 535 posts of PGTs by promotion at the earliest, but not later than two months. For the posts, wherever eligible candidates in the feeder cadre are not available, we leave it open to the Competent Authorities to take a conscious decision in accordance with Rules/Policy. We also request the Himachal Pradesh Administrative Tribunal to decide OA No. 4800/2017 at the earliest and preferably before the Court closes for winter break. 7. For the posts, wherever eligible candidates in the feeder cadre are not available, we leave it open to the Competent Authorities to take a conscious decision in accordance with Rules/Policy. We also request the Himachal Pradesh Administrative Tribunal to decide OA No. 4800/2017 at the earliest and preferably before the Court closes for winter break. 7. The Secretary, H.P. Staff Selection Commission has also filed his affidavit and in para-2 thereof, he has suggested the time line within which the recruitment for various posts of Teachers/Masters is to be made. We are not satisfied with the time schedule of more than 14 months as suggested in the said paragraph. 8. It goes without saying that when there are requisitions from different Departments, Recruiting Agency has to evolve a uniform criteria of prioritization of the recruitment process. There should not be any doubt in the mind of the HPSSC that the Education and Health Departments must be given priority over other Departments in making recruitments. Services of teachers and para-medical staff are mandatory not only for the human rights but also for the fundamental rights under Article 21 of the Constitution. 9. We, thus, direct the Secretary, Himachal Pradesh Public Service Commission to file a fresh status report/affidavit giving a brief time schedule within which all the posts are to be filled up for which requisitions have been received from the Education Department. The affidavit will also incidentally refer to the time schedule within which the recruitment of para-medical staff will be made requisition of which, if any, might have been received from the Health Department. 9. The compliance affidavit filed by the Secretary (Education) to the Government of Himachal Pradesh is taken on record. This Court appreciates the timely action taken by the said Department in according concurrence to the creation of posts by the Education Department. 10. In case, there is any deficiency of man power with the Himachal Pradesh Public Service Commission, its Chairman may request the State Government to spare some staff of other Departments and deploy the staff on deputation basis. We have no doubt in our mind that such request shall be sympathetically considered by the Chief Secretary and other concerned Authorities in public interest. 11. List on 10.01.2019.