Uttarakhand High Court
Smt. Tara Joshi vs State Of Uttarakhand And Others on 2 January, 2023
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
THE CHIEF JUSTICE SHRI VIPIN SANGHI
AND
JUSTICE SHRI RAMESH CHANDRA KHULBE
SPECIAL APPEAL No.393 OF 2014
2nd January, 2023
Smt. Tara Joshi ...... Appellant
Vs.
State of Uttarakhand and Others ...... Respondents
Presence: -
Shri Alok Mahra, learned counsel for the appellant.
Shri J.C. Pandey, learned Standing Counsel for the State.
JUDGMENT: (Per Shri Vipin Sanghi, C.J.)
The appellant has preferred the present special
appeal to assail the direction issued by the learned Single
Judge in paragraph no.5 of the impugned order dated
26.05.2014 in Writ Petition (S/S) No.1978 of 2013. Before
we set out paragraph no.5 of the impugned order, we
may take note of some relevant facts.
2. The case of the appellant is that he has been
appointed as a Parent Teacher Association (PTA teacher)
in the respondent-grant-in-aid private college/ school in
Nainital, namely, C.R.S.T. Inter College, Nainital.
3. The PTA teachers were entitled to an honorarium
which were to be given by the Government. However,
they were only supposed to work on regular substantive
vacancies/ posts. The appellant was working in the
aforesaid school since 18.07.2011 on the recommendation
of the Managing Committee by the District Education
Officer, Nainital.
4. So far as his claim for honorarium is concerned,
the same was allowed by the learned Single Judge in
paragraph no.4 of the impugned order. The said
paragraph reads as follows:-
"4. The Committee itself recommended the petitioner
to the post of P.T.A. teacher. In view thereof, it is directed
that respondents shall constitute a committee and pass
appropriate order for giving honorarium to the petitioner,
after deducting the amount which the petitioner has
already been given, as per law."
5. Now, we may set out paragraph no.5 of the
impugned order by which the appellant is aggrieved. The
said paragraph reads as under:-
"5. Having made the above determination, since the
ultimate interest in the school is of the students, who are
getting education in a school/institute which is wholly
funded from the State exchequer, even though it is a
private institute. In the interest of students, appointment
of the regular vacancy of Lecturer (Hindi) which is lying
vacant (including any other vacant vacancy), should be
filled up, in accordance with law. The Management
Committee shall initiate the proceedings without further
delay forthwith and the respondents authorities are
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directed to cooperate in the matter so that the vacancy is
filled up by a regular candidate, in accordance with law. It
is further made clear, in case, the Committee of
Management does not initiate steps for filling up the
vacant vacancy, the State Authority shall initiate all
possible steps to do the needful, and if necessary appoint
an Administrator in order to fill the regular vacancies. But
this step should only be adopted as a last resort. Registrar
General is directed to communicate this order to the
concerned Director of Education."
6. The submission of the learned counsel for the
appellant is that as per Section 41 of the Uttarakhand
School Education Act, which has been subsequently,
amended by the Uttarakhand School Education
(Amendment) Act, 2016, the appellant was entitled to ad
hoc appointment. Section 41 of the Uttarakhand School
Education Act, 2006 reads as follows:-
"41. Ad hoc Appointment of Part Time
Teacher/Acting P.T.A. Teachers by Committee of
Management:- The Committee of management shall
appoint on ad hoc basic such part time/P.T.A. teachers as
were employed up to 5-9-2003 by the committee of
management from its on resource, for which sub substantive
posts were created at the time and who possessed
qualification prescribed for the corresponding posts and who
were paid honorarium from the government funds."
7. Section 41 after amendment by Uttarakhand
School Education (Amendment) Act, 2016 reads as
follows:-
"41. Such part time teachers/ P.T.A. teachers employed
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from private sources upto dated 18-10-2011 by the
Managing Committee may be appointed as adhoc by the
Managing Committee which for the post were created as per
rule at corresponding time, were completed prescribed
qualifications for the relevant posts, the result, conduct and
behaviour are best and the payment of honorarium is
admissiable from the Treasury."
8. At this stage, we observed that the language
employed in the amended Section 41 is not very happy.
However, the meaning preferred of Section 41 can be
gathered from the amended Section 41 of the
Uttarakhand School Education Act, 2006 which we have
quoted hereinabove.
9. The two amendments which are relevant for our
purpose carried out in Section 41, were, firstly, that the
Managing Committee was given the discretion to appoint
the PTA teachers employed by them from the private
sources, as ad hoc and, secondly, the cut off date which
was initially fixed as 09.05.2003 in Section 41 of the
Uttarakhand School Education Act, 2006 was amended to
18.10.2011.
10. The submission of the learned counsel for the
appellant is that since PTA teachers, who were appointed
prior to the cut off date as fixed by the amendment act
i.e. 18.10.2011 were entitled to ad hoc status, they are
entitled to continue to serve in institution and the regular
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vacancies could not have been directed to be filled up
through a recruitment process as done by the learned
Single Judge in paragraph no.5 of the impugned order.
He further submits that the State had itself issued
communication dated 30.09.2011 by which it proposed to
fill up only those vacancies which were lying vacant and
had not been filled up by the PTA teachers.
11. A perusal of the impugned order shows that the
learned Single Judge had directed filling up of the regular
vacancies in the schools/ institutions through a regular
process.
12. In our view, the appellant can have no possible
grivance in this regard. Mere conferment of ad hoc status,
even if it were to be assumed that the appellant was
conferred that status, would not create a right in the
appellant to occupy the post indefinitely like a regular
permanent teacher. There is no lien created in favour of
the PTA, who have been conferred with ad hoc status. The
conferment of ad hoc status may have a bearing on the
emoluments that the PTA teacher may receive but that is
all to it.
13. We are, therefore, not inclined to interfere with
the direction issued by learned Single Judge in paragraph
no.5 of the impugned order.
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14. The appeal is, accordingly, dismissed. In case,
the appellant seeks to participate in the regular selection
process by seeking age relaxation for the period for which
he has rendered services as an ad hoc teacher, the
request will be considered by the respondent in
accordance with the rules.
________________
VIPIN SANGHI, C.J.
_______________________
RAMESH CHANDRA KHULBE, J.
Dated: 2nd January, 2023
KKS/SS
