Himachal Pradesh High Court
Alpana Aggarwal vs State Of H.P And Another on 2 January, 2021
Bench: Sureshwar Thakur, Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
CWP No. 6456 of 2020
Decided on: 2.1.2021
.
Alpana Aggarwal Petitioner.
Versus
State of H.P and another Respondents.
Coram:
Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge.
Yes.
Whether approved for reporting?1
For the petitioner: Mr. Tarun K Sharma, Advocate.
For the respondents: Mr. J.S Guleria, Deputy Advocate General.
(Through video conferencing).
Sureshwar Thakur, Judge (oral)
The writ petitioner is presently deployed as Lecturer
(School New) (History) at Government Senior Secondary School
Sainwala, District Sirmaur, Himachal Pradesh. She nowat is MA(B.Ed).
2. Through a notification borne in Annexure P-1, a, leverage
or prioritization is accorded, for, apposite inductions, as, Lecturer(s)
(PGT) at DIET(s), upon, theirs holding educational qualification(s)
hence higher than the afore educational qualification(s), nowat possessed
by the petitioner, in as much, as, of hers holding MED/ Ph.D
qualification.
Whether reporters of the local papers may be allowed to see the judgment?
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3. For improving or enhancing the afore qualification, the writ
.
petitioner, has made a representation borne in Annexure P-2, to, the
respondent concerned, and, thereon no decision has been made.
Consequently, the writ petitioner has been constrained to approach this
Court.
4. Even though, this Court makes directions, upon the
respondent concerned, to, make an expeditious decision, upon, the afore
representation, as, made therebefore by the writ petitioner, (i)
nonetheless this Court is constrained, to, discountenance the formulation
even, of, Annexure P-1, by the respondents, and, where-through the
afore leverage is purportedly purveyed to the aspirants, to avail study
leave, for, hence, theirs improving or enhancing their educational
qualification, for the requisite purpose. The reason for this Court, for,
discountenancing the making of Annexure P-1, by the respondent, is,
that thereupon the otherwise skilled and efficient teachers, who impart
teachings at government School(s) concerned, would be, in the garb of
theirs improving, their educational qualifications hence seek study leave.
The rationale behind, the, holding, of, the afore educational
qualification(s) by the aspirant(s) concerned, for the relevant purpose,
would become well founded, only upon, the apposite students
...3...
wheretowhom, the imparting(s), of, teachings, is, made at DIET Centres
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concerned becoming cogently to receive impartings thereof, only by
teachers, rather holding the educational qualification(s) as become
embodied in Annexure P-1. However, the afore apt material, for, prima
facie hence the acquisitions, of the afore educational qualifications,
becoming well founded or becoming rooted on a well contemplated
rationale, is, gross amiss. If so, only upon the afore rationale becoming
rooted hence, in, the making, of, Annexure P-1, thereupon, the apposite
prescription(s) borne therein, would hold vigor, otherwise not.
Consequently, when the respondents, hence when is seized, with the
apposite representation, for, its making a decision thereon, it may prior
thereto, consider the inductions of teachers, in DIET(s) concerned, of,
otherwise efficient and skilled teachers, in the apposite discipline, rather
rendering service at government schools concerned, than theirs seeking
theirs being permitted, to, improvise their educational qualification(s),
except when the afore rationale behind the afore acquisitions, is,
objectively found to be well founded, on, a sound logical and statistical
pedestal.
5. The further ebbing effect thereof would be, that the students
at government school(s) concerned, would remain undeprived, of,
...4...
skilled and proficient teachings, being imparted to hem, by skilled and,
.
efficient teachers. It would also ensure the curtailments of teachers,
remaining away from class rooms, for, theirs ensuring theirs improving
their educational qualifications, at educational institution(s) concerned,
hence, for the afore purpose, and, yet theirs drawing salary(s) from the
State exchequer. The afore ill-consequences are obviable through,
sagacious prescriptions, if deemed fit, being made in Annexure P-1, in as
much, as of induction(s), of, teachers concerned, in DIET(s) concerned,
not necessitating theirs improving their educational qualifications. In
case the afore is dispensed with, thereupon shortage or paucity, of skilled
teachers at government school(s), would become baulked, and, also
hence there would be no necessity, of, uncalled for salary(s), being
defrayed to them during availment, of, study leave(s) by them.
6. Even if the respondents, choose not to dispense, with the
afore higher education qualification, than the ones which are now at
hence held by the writ petitioner, they may insist for acquisitions
thereof, being made, through theirs taking correspondence courses, from
recognized educational institutions concerned, rather theirs mustering
enhancement, of, their educational qualification, for the relevant
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purpose, though theirs taking physical classes, at, the educational
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institutions concerned.
7. Further more, the State of Himachal Pradesh is, also
directed, that it shall forthwith ensure that the availment(s) of study
leave(s) by the IAS, HAS Officers, rather is not abused. In the afore, the
state of H.P, is directed to forthwith ensure, that, if applied for study
leave, hence, for, further studies in India or abroad, upon, a, thorough
application of mind, is disclosed to be necessary, and, or is a dire
necessity, for, ensuring the efficient operation(s) of administration, and,
for efficient performance of public duties, and or is perennially
incidental, to, the performance, of, public duties by the officers
concerned, thereupon alone the government of Himachal Pradesh, shall
proceed to grant the espoused study leave(s), to, the IAS and HAS
officers, otherwise it be declined to them. Copy of this order be
forthwith sent to the Chief Secretary, Government of Himachal Pradesh.
8. In the light of the afore made observations by this Court, the
respondent concerned is directed, to, decide the representation filed by
the petitioner, within three weeks, from today, after an opportunity of
personal hearing being afforded to her.
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In view of the above, the present petition stands disposed of
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alongwith all pending applications.
( Sureshwar Thakur),
Judge.
2nd January, 2021. ( Chander Bhusan Barowalia ),
(priti) Judge.
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