Himachal Pradesh High Court
Rajneesh Sharma vs State Of Himachal Pradesh & Ors on 2 March, 2021
Bench: Tarlok Singh Chauhan, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
.
CWP No. 1208 of 2021
Date of decision: March 02, 2021.
Rajneesh Sharma. ......Petitioner.
Versus
State of Himachal Pradesh & ors. .....Respondents.
Coram
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1 No.
For the petitioner : M/s Bhuvnesh Sharma and Ramakant
Sharma, Advocates.
For the respondents : Mr. Ashok Sharma, AG with Mr. Rajender
Dogra, Sr. Addl. AG, Mr. Ranjan Sharma,
Mr. Anil Jaswal, Addl. AGs, Mr. R.P. Singh,
Mr. Narender Thakur and Mr. Amit
to 4.
Jyotsna Rewal Dua, Judge
Notice. Mr. R.P. Singh, learned Deputy Advocate
General appears and accepts service of notice on behalf of
respondents No. 1 to 4.
2. Instant writ petition has been filed for the following
substantive prayer:
Whether the reporters of the local papers may be allowed to see the
Judgment? yes.
"i) That the impugned order, dated
3.10.2009 at Annexure P-4 passed by the Deputy
.
Commissioner in Case No. 51/2008, whereby the appeal
against the order of the Respondent No. 4 Annexure P-3,
has been accepted, may kindly be quashed and set
aside and the petitioner may kindly be held entitled for
appointment to the post of PGT Chemistry on PTA (G..A.)
basis in GSSS-Lagru, Tehsil Khundian, District Kangra
(H.P.), w.e.f. due date with all consequential benefits."
3. A selection process for the post of Lecturer in
Chemistry by the Parent Teacher Association was undertaken by
the respondents. Interview was held on 19.9.2007 wherein
petitioner, respondent No. 6 along with others participated.
Respondent No. 6 was declared a selected candidate on
20.9.2007. She joined as such on 21.9.2007. An appeal
preferred by the petitioner against selection of respondent No. 6
was decided by the Sub Divisional Officer (C), Dehra on
20.9.2008 whereby the Parent Teacher Association was directed
to re-evaluate the merit of the candidates on the basis of
evaluation criteria notified on 27.5.2008. This order was assailed
by respondent No. 6 before the Deputy Commissioner, Kangra.
Vide order dated 3.10.2009 the Deputy Commissioner allowed
her appeal. Aggrieved, the petitioner has preferred this writ
petition challenging order dated 3.10.2009.
4. Challenge to the order dated 3.10.2009 suffers from
delay and latches, which have not been explained at all in the
writ petition. Also, it is well settled that evaluation criteria for
PTA selections, notified on 27.5.2008 cannot form the basis of
evaluation of merit of participating candidates in a selection
.
process undertaken prior to 27.5.2008 (Koyal Kumar versus State
of H.P. and others, CWP No. 2632 of 2008, decided on
28.7.2009). In the instant case, the selection process stood
concluded in September 2007. Therefore, learned Appellate
Authority was justified in concluding that notification dated
27.5.2008 could not be applied to the selection process in
question. For these reasons, we find no merit in the instant writ
petition and the same is accordingly dismissed, so also the
pending application(s), if any.
(Tarlok Singh Chauhan),
Judge.
(Jyotsna Rewal Dua)
Judge.
2nd March, 2020,
(vs)
