H.P. Craft ITI Diploma Holder and C.T.I. Degree Holder Women Association and Another vs State of H.P. and Another

V.K. Sharma, J.—None appears for the Petitioners, though duly served.

The petition has been filed on the following substantive prayers vide para 7(i) and (ii):

7(i)That the impugned Annexure A-1, dated 31st August, 1995 to the extent it excludes the categories of the members of applicant Association i.e., Craft, I.T.I. Diploma Holder & C.T.I. Degree Holder Women for being appointed to the posts of JBTs by applying theprinciple of severability as the same has been issued bythe Respondents arbitrarily, malafidely and illegally.

(ii) That the Respondents may be directed to consider the members of the applicant Association for appointment tothe posts of JBTs.

In reply, the Respondents have taken the following stand vide paras 3 and 6(v):

That in reply to this it is submitted that Craft/Music Teachers does not fall in the category of C & V teachers,which is clear from the copy of the decision of the Govt.dated 31.8.95 i.e. Annexure A-2 as annexed by the applicants with the present original application. Therefore, they are not entitled toappoint as teachers against the post of JBT. and the decision taken vide Annexure A-2 is a Policy decision ofthe Govt. Therefore, the same can not be challenged byway of filing the present original application.

6(v).That this para also call for No. submissions. However, it is submitted that the Govt. has recognized one yearTraining of Nursery Training Course from Manav BhartiMassoorie only for one session i.e. 1984 -86 vide Notification, dated 10.11.86. Therefore, the question ofgiving any employment to the Nursery teachers, whohave passed their nursary7 training after 1986 does notarise at all.

In view of the above reply, in case the Petitioners still have any surviving grievance with regard to the factual and legal position, they may certainly point out the same before the Respondents/competent authority by way of appropriate representation alongwith copy of this judgment within two months from today, who shall consider the same and take a final decision in the matter in accordance with law within next three months after affording an opportunity of being heard to the Petitioners, if so desired.

In view of the above, the petition stands disposed of, so also pending CMP(s), if any.