Pradesh vs Unknown
2022 Latest Caselaw 8891 HP

                             1



IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

          ON THE   31st    DAY OF OCTOBER, 2022




                                                          .
                          BEFORE





    HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN





                              &

          HON'BLE MR. JUSTICE VIRENDER SINGH


                      r      to
    CIVIL WRIT PETITION (ORIGINAL APPLICATION) No.

                          5638 of 2020

    Between:

    VIJAY THAKUR W/O SH. SHYAM


    SINGH,   RESIDENT    OF  VPO
    PAPLOTA,     TEHSIL     ARKI,
    DISTRICT   SOLAN,   HIMACHAL




    PRADESH.





                              ...PETITIONER

    (BY MR. DALIP K. SHARMA, ADVOCATE)





    AND

 1. STATE OF HIMACHAL PRADESH
 THROUGH            SECRETARY
 ELEMENTARY         EDUCATION,




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GOVERNMENT               OF       HIMACHAL
PRADESH.

2.   DIRECTOR      ELEMENTARY




                                                                 .
EDUCATION, SHIMLA­1.





3.      DEPUTY                   DIRECTOR





ELEMENTARY                      EDUCATION,
DISTRICT   SOLAN,                HIMACHAL
PRADESH.





4.    DISTRICT    EMPLOYMENT
OFFICER SOLAN, DISTRICT SOLAN,
HIMACHAL PRADESH.
                              ...RESPONDENTS


    (BY MR. ASHOK SHARMA, ADVOCATE GENERAL WITH
    MR. VINOD THAKUR, MR. SHIV PAL MANHANS,


    ADDITIONAL ADVOCATE GENERALS, MR. BHUPINDER
    THAKUR, DEPUTY ADVOCATE GENERAL AND MR.
    RAJAT CHAUHAN, LAW OFFICER)




    This Petition coming on for admission on this day, Hon'ble Mr.





    Justice Tarlok Singh Chauhan, passed the following:­
                               ORDER

The instant petition has been filed for grant of

the following reliefs:

"(i) To issue directions to respondent No. 2 to consider the candidature of applicant for the post of Language

Teacher on the basis of batch wise on the basis of Recruitment and Promotion Rules, 2009.

(ii) That the impugned action of the respondent may kindly be declared as null and void and the notification

.

dated 16.11.2013 will not be applicable in the case of applicant for the recruitment for the post of Language Teacher on batch wise basis.

(iii) The respondent No. 4 may kindly be directed to sponsor the name of applicant for batch wise recruitment for the post of Language Teacher.

2.

It is not in dispute that petitioner herself

acquired necessary qualification in the year 2013 and he

had also passed the Teachers Eligibility Test. The claim of

the petitioner for right of consideration, based upon "old

vacancy old Rule" does not hold force, in view of the

conscious decision taken by the respondents themselves to

fill up the vacancy on the basis of amended Rules.

3. The action of the respondents cannot be held to

be illegal in view of the judgment rendered by a three

judges Bench of Hon'ble Supreme Court in Civil Appeal No.

9746 of 2011, titled as "State of H.P. and others versus

Raj Kumar and others".

4. In view of the aforesaid discussions and

observations, we find no merit in the petition and the same

.

is accordingly dismissed, leaving the parties to bear their

own costs. The pending application(s), if any, are also

disposed of.

                                           (Tarlok Singh Chauhan)
                                                    Judge




    October 31, 2022
    Kalpana
                       r         to               (Virender Singh)
                                                       Judge