Himachal Pradesh High Court
Between vs Unknown on 24 August, 2021
Bench: Ravi Malimath, Justice, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 24th DAY OF AUGUST 2021
.
BEFORE
HON'BLE MR. JUSTICE RAVI MALIMATH,
ACTING CHIEF JUSTICE
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
LETTERS PATENT APPEALS Nos. 48, 103 & 295 of 2012
1.
LPA No. 48 of 2012
Between:-
OM DEVI
D/O SH. CHAMAN SINGH,
R/O VILLAGE MOHLAG,
P.O. SADWAN,
TEHSIL NURPUR,
DISTT. KANGRA, H.P.
(PRESENTLY WORKING AS PAT
IN GOVT. PRIMARY SCHOOL, LAKHWAL,
TEHSIL NURPUR, DISTRICT KANGRA H.P.)
.....APPELLANT
(BY SH. VIVEK SINGH THAKUR, ADVOCATE)
AND
1. STATE OF H.P.
THROUGH SECRETARY EDUCATION,
GOVT. OF H.P. SHIMLA, AT SHIMLA.
2. DIRECTOR EDUCATION
PRIMARY & ELEMENTARY
SHIMLA AT SHIMLA H.P.
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3. SUB DIVISIONAL OFFICER (CIVIL)
NURPUR,
.
TEHSIL NURPUR
DISTRICT KANGRA H.P.
4. BLOCK PRIMARY EDUCATION OFFICER,
NURPUR,
DISTRICT KANGRA H.P.
5. CENTRAL HEAD TEACHER,
GOVT. PRIMARY SCHOOL SADWAN,
TESHIL NURPUR,
DISTRICT KANGRA, H.P.
6. PRADHAN GRAM PANCHAYAT SADWAN,
TEHSIL NURPUR,
DISTRICT KANGRA, H.P.
7. SEEMA KAUSHAL
D/O SH. RAMESH CHAND KAUSHAL
R/O VILLAGE & P.O. SADWAN,
WARD NO. 2 CHAMBA ROAD
TEHSIL NURPUR
DISTRICT KANGRA H.P.
8. SECRETARY,
GRAM PANCHAYAT, SADWAN,
TEHSIL NURPUR,
DISTRICT KANGRA, H.P.
9. SH. NARESH LATH (HAS)
PRESENTLY POSTED AS
ADDL. DISTRICT MAGISTRATE (LAW AND ORDER),
SHIMLA, (HP).
10. SH. VINOD SHARMA
RETIRED AS BLOCK ELEMENTARY
EDUCATION OFFICER,
NURPUR ON DT. 31.3.2008
AND PRESENTLY RESIDING
AT VILLAGE & P.O. MEMOOH GURDHAL,
TEHSIL NURPUR,
DISTT. KANGRA, H.P.
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11. SMT. ROSHNI DEVI
RETIRED AS BLOCK ELEMENTARY
.
EDUCATION OFFICER, NURPUR
ON DT. 31.10.08 AND
PRESENTLY RESIDING AT VILLAGE &
P.O. KANDWAL,
TEH. NURPUR,
DISTT. KANGRA H.P.
.....RESPONDENTS
(SH. ASHOK SHARMA,
ADVOCATE GENERAL WITH
SH. RANJAN SHARMA,
SH. VIKAS RATHORE,
ADDITIONAL ADVOCATES GENERAL,
SH. R.P. SINGH AND
SMT. SEEMA SHARMA,
DEPUTY ADVOCATES GENERAL,
FOR R-1 TO R-5 & R-8,
NONE FOR R-6, THOUGH SERVED,
SH. NARESH KAUL, ADVOCATE,
FOR R-7
SH. ANUG NAG, ADVOCATE VICE
SMT. BHAWANA DUTTA,
ADVOCATE, FOR R-11)
2. LPA No. 103 of 2012
Between:-
ARUNA SHARMA
W/O SH. ASHOK SHARMA,
R/O VILLAGE & P.O. SADWAN,
TEHSIL NURPUR,
DISTT. KANGRA, H.P.
(EX PRADHAN GRAM PANCHAYAT SADWAN,
TEHSIL NURPUR,
DISTRICT KANGRA H.P.
.....APPELLANT
(BY SH. C.S.THAKUR, ADVOCATE)
AND
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1. SECRETARY EDUCATION,
.
GOVT. OF H.P. SHIMLA, AT SHIMLA.
2. DIRECTOR EDUCATION
PRIMARY & ELEMENTARY
SHIMLA AT SHIMLA H.P.
3. SUB DIVISIONAL OFFICER (CIVIL)
NURPUR,
TEHSIL NURPUR
DISTRICT KANGRA H.P.
4. BLOCK PRIMARY EDUCATION OFFICER,
NURPUR,
DISTRICT KANGRA H.P.
5. CENTRAL HEAD TEACHER,
GOVT. PRIMARY SCHOOL SADWAN,
TESHIL NURPUR,
DISTRICT KANGRA, H.P.
6. PRADHAN,
AT PRESENT GRAM PANCHAYAT SADWAN,
TEHSIL NURPUR,
DISTRICT KANGRA, H.P.
7. SEEMA KAUSHAL
D/O SH. RAMESH CHAND KAUSHAL
R/O VILLAGE & P.O. SADWAN,
WARD NO. 2 CHAMBA ROAD
TEHSIL NURPUR
DISTRICT KANGRA H.P.
8. OM DEVI
D/O SH. CHAMAN SINGH,
R/O VILLAGE MOHLAG,
P.O. SADWAN,
TEHSIL NURPUR,
DISTT. KANGRA, H.P.
PRESENTLY WORKING
PRIMARY ASSISTANT TEACHER
IN GPS LAKHWAL,
TEHSIL NURPUR,
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DISTRICT KANGRA H.P.
.....RESPONDENTS
(SH. ASHOK SHARMA,
.
ADVOCATE GENERAL WITH
SH. RANJAN SHARMA,
SH. VIKAS RATHORE,
ADDITIONAL ADVOCATES GENERAL,
SH. R.P. SINGH AND
SMT. SEEMA SHARMA,
DEPUTY ADVOCATES GENERAL,
FOR R-1 TO R-5,
NONE FOR R-6, THOUGH SERVED,
SH. NARESH KAUL, ADVOCATE,
FOR R-7,
SH. VIVEK SINGH THAKUR,
ADVOCATE, FOR R-8)
3. LPA No. 295 of 2012
Between:-
SEEMA KAUSHAL
D/O LATE SHRI RAMESH CHAND KAUSHAL
R/O VILLAGE & P.O. SADWAN,
WARD NO. 2,
CHAMBA ROAD,
TEHSIL NURPUR,
DISTRICT KANGRA (H.P.)
.....APPELLANT
(BY SH. NARESH KAUL, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (EDUCATION),
TO THE GOVERNMENT OF HIMACHAL PRADESH,
SHIMLA-171002.
2. DIRECTOR EDUCATION,
PRIMARY & ELEMENTARY EDUCATION,
HIMACHAL PRADESH, SHIMLA.
3. SUB DIVISIONAL OFFICER (CIVIL)
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NURPUR,
TEHSIL NURPUR
DISTRICT KANGRA
.
HIMACHAL PRADESH (MR. NARESH KUMAR LATH,
AS MENTIONED IN PARA 6(IV) OF OA 44/2007).
4. BLOCK PRIMARY EDUCATION OFFICER,
NURPUR,
TEHSIL NURPUR
DISTRICT KANGRA (HP)
(MR. VINOD SHARMA,
AS MENTIONED IN PARA 6(IV) OF OA 44/2007).
5.
CENTRAL HEAD TEACHER,
GOVT. PRIMARY SCHOOL SADWAN,
TESHIL NURPUR,
DISTRICT KANGRA, (H.P)
(SMT. ROSHNI DEVI,
AS MENTIONED IN PARA 6(IV) OF OA 44/2007).
6. PRADHAN GRAM PANCHAYAT SADWAN,
TEHSIL NURPUR,
DISTRICT KANGRA,(H.P)
(SMT. ARUNA SHARMA,
AS MENTIONED IN PARA 6(IV) OF OA 44/2007).
7. OM DEVI,
DAUGHTER OF SHRI CHAMAN SINGH,
RESIDENT OF VILLAGE MOHLAG,
POST OFFICE SADWAN,
TEHSIL NURPUR
DISTRICT KANGRA (H.P)
.....RESPONDENTS
(SH. ASHOK SHARMA,
ADVOCATE GENERAL WITH
SH. RANJAN SHARMA,
SH. VIKAS RATHORE,
ADDITIONAL ADVOCATES GENERAL,
SH. R.P. SINGH AND
SMT. SEEMA SHARMA,
DEPUTY ADVOCATES GENERAL,
FOR R-1 TO R-5,
SH. C.S. THAKUR, ADVOCATE,
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FOR R-6,
SH. VIVEK SINGH THAKUR,
ADVOCATE, FOR R-7)
.
_______________________________________________________
These appeals coming on for final hearing this day,
Hon'ble Ms. Justice Jyotsna Rewal Dua, delivered the following:
JUDGMENT
Against the judgment dated 3.3.2012 passed by learned
Single Judge, three Letters Patent Appeals have been filed.
2. The appellant in LPA No. 295/2012 i.e. Seema Kaushal
was the original petitioner before the learned Single Judge. She
assailed selection and appointment of respondent No. 7-Om Devi as
Primary Assistant Teacher in Government Primary School, Lakhwal
(Sadwan) Tehsil Nurpur, District Kangra.
3. In the selection list dated 16.5.2006, Seema Kaushal-
original petitioner was shown to have secured 51 marks, whereas
Om Devi was shown to have secured 52 marks. Five marks out of
52 marks were awarded to Om Devi on account of her post
graduation degree.
4. Learned Single Judge observed that the last date for
submission of the applications in terms of the advertisement was
20.2.2016. The interviews were conducted on 16.5.2006, whereas
the certificate of post graduation was issued in favour of Om Devi on
4.8.2006. Since Om Devi was not in possession of the certificate of
post graduation either on 20.2.2006 (the last date for submission of
.
applications) or on 16.5.2006 (the date of holding of interviews), she
could not have been awarded five marks for post graduation against
the certificate dated 4.8.2006. Accordingly, the appointment of Om
Devi was quashed and set aside. The official respondents were
directed to issue an order of appointment in favour of Seema
Kaushal being next in the merit list. Learned Single Judge also held
that there was a serious lapse on part of the Pradhan, Gram
Panchayat Sadwan, Tehsil Nurpur, District Kangra in performing her
duties relating to selection of the eligible and deserving candidate for
the post. Therefore, cost of Rs. 5,000/- was imposed upon her.
5. LPA No. 48 of 2012 has been instituted against the
above judgment by Om Devi (original respondent No. 7). She is
aggrieved against quashing of her selection and appointment under
the impugned judgment.
We have heard learned counsel for the appellant. The
only contention raised by the learned counsel in defending the
selection and appointment of Om Devi is that she was pursuing her
post graduation at the time of holding of interviews on 16.5.2006.
Therefore, learned counsel for the appellant submits that five marks
have been justly allotted to her. We are afraid that the contention
has been raised only to be rejected. Indisputably, the appellant had
not qualified her post graduation on the date of holding of the
.
interviews. The interviews were held on 16.5.2006, whereas her
certificate of post graduation qualification is dated 4.8.2006. The
appellant was not entitled to five marks awarded to her on account of
her post graduation degree. Therefore, no error can be found in the
judgment passed by learned Single Judge quashing the selection
and appointment of the appellant. The LPA filed by Om Devi is,
therefore, dismissed.
6. LPA No. 295/2012 is filed by the appellant Seema
Kaushal, who was the original petitioner. Her petition though has
been allowed by the learned Single Judge, however, her grievance in
the present appeal is that she is entitled for the seniority as Primary
Assistant Teacher from the date of appointment of Om Devi. The
appellant also claims that the salary paid to Om Devi w.e.f. 7.3.2012
till 13.3.2012 be ordered to be recovered from her.
During hearing of the appeal, learned counsel for the
appellant restricted his submissions and argued the appeal only for
recovering the salary from Om Devi for the aforesaid period.
We do not find force in the contention of learned
counsel for the appellant. Even though the selection and
appointment of Om Devi has been quashed but the fact remains that
she had worked against the said post for the period in question.
Therefore, salary paid to her in lieu of duties discharged by her
.
cannot be ordered to be recovered. We do not find any merit in this
LPA and the same is accordingly dismissed.
7. Appellant in LPA No. 103/2012 is the Pradhan of Gram
Panchayat, Sadwan,Tehsil Nurpur, District Kangra. She is aggrieved
by the impugned judgment inasmuch as the same directs the
appellant to pay cost of Rs. 5,000/-.
r Admittedly, the appellant was
Pradhan, Gram Panchayat, Sadwan at the relevant time. The
appellant was the member of the Selection Committee which
wrongly considered the certificate of qualification issued to Om Devi
on 4.8.2006. In terms of the advertisement, the last date of
submission of applications by the candidates for the post of Primary
Assistant Teacher was 20.2.2006. Interviews were conducted on
6.5.2006. Om Devi did not possess certificate of post graduation
either on 20.2.2006 or on 16.5.2006, yet she was awarded five
marks for this certificate. The award of five marks to Om Devi was
absolutely illegal. There was serious lapse on part of Selection
Committee in performing and discharging its duties in a judicious and
dispassionate manner. However, we find from the record that
appellant was only one of the members of the Selection Committee.
The Committee was headed by the Sub Divisional Magistrate (SDM).
Under the circumstances, it will not be appropriate to impose upon
her personal cost of Rs. 5,000/-. This appeal is allowed. Direction in
.
the impugned judgment to recover cost of Rs. 5,000/- from the
Pradhan (appellant) is set aside. The impugned judgment is
modified to this limited extent. All pending miscellaneous
application(s), if any, shall also disposed of.
r to ( Ravi Malimath )
Acting Chief Justice
( Jyotsna Rewal Dua )
Judge
24th August, 2021
(vs)
