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Himachal Pradesh High Court · body

2019 DIGILAW 134 (HP)

Court On Its Own Motion v. State Of H. P.

2019-01-10

AJAY MOHAN GOEL, SURYA KANT

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ORDER 1. The Principal Secretary (Education), Government of Himachal Pradesh has statedly filed a compliance affidavit yesterday, i.e., 9th January, 2019, which is not on record. Learned Advocate General has handed over a photostat copy of the affidavit to the Court. As per the averments made therein, the Himachal Pradesh Staff Selection Commission, Hamirpur has recommended names for appointment of 328 posts of TGT (Arts), 208 posts TGT (Non-Medical) and 95 posts of TGT (Medical) against the requisition, which was sent on 27th June, 2017. Out of these recommendees, 327 candidates of TGT (Arts) have been offered appointment on 8th January, 2019, though one candidate has declined appointment, as he is already working as Shastri on regular basis. The appointment of remaining recommendees are being made very shortly. The recommendations of 540 candidates for remaining posts are still awaited from the Staff Selection Commission. A requisition of 155 posts was sent to the Ex-servicemen Cell on 7th July, 2017, but the said Cell has sponsored only three Ex-servicemen for the posts of T.G.T. (Arts), to whom the appointments have been offered. It appears that the Ex-servicemen cell has issued a Non Availability Certificate in respect of some of the posts, for which the State Government is now to start a fresh process. The affidavit further discloses that the Director, Elementary Education has informed that approval to fill up 835 posts of TGT has been received and a requisition for 330 posts has been sent to the Staff Selection Commission. Another requisition for 329 posts has been sent to the Employment Exchanges for batch-wise appointments, whereas for 130 posts requisition has been sent to the Ex-servicemen Cell and for 20 posts to the Sports Cell to sponsor the candidates. There are 26 posts for Specially-abled Persons, which are yet to be sent to Handicapped Cell, due to the reason that the quota of Specially-abled Persons in job has been increased from 3% to 4% and some more categories have been included. Hence, before sending these posts to the Handicapped Cell, identification of posts is required to be made. The affidavit also refers to the further information sent by the Director of Elementary Education, according to which, 625 posts of JBTs have been filled up out of 1544 posts and out of the remaining 919 posts, 617 posts have been sent to the Staff Selection Commission on 15th September, 2018. The affidavit also refers to the further information sent by the Director of Elementary Education, according to which, 625 posts of JBTs have been filled up out of 1544 posts and out of the remaining 919 posts, 617 posts have been sent to the Staff Selection Commission on 15th September, 2018. The requisition for remaining 302 posts of JBTs has been sent to different Cells, i.e., Ex-servicemen Cell, Handicapped Cell and Sports Cell. The Ex-servicemen Cell has given Non-availability Certificate for 75 posts of JBTs, whereas remaining 139 posts are still pending with it. The Handicapped Cell has sent recommendations of 39 candidates, whereas Sports Cell has sent such recommendation for 17 posts. These recommendees are being offered appointments by the Deputy Directors of Elementary Education of concerned Districts. It is also explained that 671 posts of JBTs. could not be filled up due to the stay granted by this Court on 14th December, 2018 in CWP No. 337 of 2018 (Rakesh Kumar v. State of H.P.). It is further explained that approvals to fill up 375 posts of Shastris and 396 posts of Language Teachers have been granted to the Deputy Directors of Elementary Education. 2. As regard to the Higher Education Department, the affidavit reveals that 466 posts of PGTs in various subjects have been filed up by promotion. However, the requisition sent for direct recruitment has been returned by the Himachal Pradesh Public Service Commission with the remarks that Recruitment and Promotion Rules of PGT need to be amended in terms of the Government Notification dated 17th April, 2017. The said matter is under active consideration of the State Government. 3. The Joint Secretary, Himachal Pradesh Public Service Commission has also filed the affidavit/status report dated 2nd January, 2019, wherein also, it is pointed out that a requisition for filling up 184 posts of PGTs was received, but the same has been returned to the State Government for amendment in the Recruitment and Promotion Rules, as noticed above. Learned Advocate General assures that the needful shall be done at the earliest. 4. In compliance to previous order dated 3rd December, 2018, the Secretary of Himachal Pradesh Staff Selection Commissioner has also filed a status report/affidavit, which is taken on record. As per the affidavit, the recruitment process pursuant to Advertisement No. 32-3/2016, dated 18th October, 2016 is complete and the recommendations have been made. 5. 4. In compliance to previous order dated 3rd December, 2018, the Secretary of Himachal Pradesh Staff Selection Commissioner has also filed a status report/affidavit, which is taken on record. As per the affidavit, the recruitment process pursuant to Advertisement No. 32-3/2016, dated 18th October, 2016 is complete and the recommendations have been made. 5. As regard to the Advertisement No. 33-2/2017 dated 16th September, 2017, the recruitment process qua 4 posts is complete, whereas for the remaining three categories of posts, it shall be completed by 31st January, 2019. 6. As regard to the posts advertised vide Advertisement No. 34-1/2018 dated 5th July, 2018, it is assured that the recruitment process shall be finalized by 31st March, 2019. 7. So far as Advertisement No. 34-2/2018 dated 19th December, 2018 is concerned, the Staff Selection Commission has given an undertaking to complete the recruitment process by 31st July, 2019/31st August, 2019. 8. Learned Senior Counsel representing the Commission assures that the abovestated time schedule shall be adhered to and an endeavour shall be made to make recruitments even before the above given time schedule, as averred in para 5 of the affidavit. The affidavit also refers to the time schedule within which the recruitment for the posts of Para Medical Staff will also be made. 9. It appears that the Handicapped Cell is yet to take effective steps to fill up the posts referred/earmarked for Differently-abled Persons. Said Cell is directed to expedite the process and conclude the selection process or issue Non-availability Certificate before the next date of hearing. 10. Fresh status report regarding appointments made in the meanwhile or the selection processes completed be filed by the next date of hearing. 11. Post for hearing on 29th March, 2019.