Neena vs State of Himachal Pradesh and Others

Kurian Joseph, C.J.—The petition has been filed with the following prayers:

(a) That the Hon''ble Court may kindly be pleased to quash the letter 11.03.2010 annexed with this petition as Annexure P-1, by way of issuance of writ of certiorari.

(b) That the Respondents be directed to allow the Petitioner to join the interview which is going to be conducted on dated 05.06.2010 or thereafter by entertaining the application of the Petitioner for the post of Language teacher as valid.

The Petitioner in this writ petition is aggrieved since her application for the post of Language Teacher has been rejected due to the reason that the Institution i.e. Hindi Sahitya Sammelen, Allahabad is not recognized for the Government service by the Himachal Pradesh Government.

The learned Advocate General submits that the Petitioner do not possess the requisite qualification for being appointed as Language teacher. The Petitioner has obtained the qualification from Hindi Sahitya Sammelan, Allahabad for appointment of Language Teacher.

It is pointed out by the Petitioner that though in the R & P Rules, it is now prescribed that the said qualification will not be recognized as qualification for regular appointment, in case of several teacher, appointed on PTA basis, posted on regular vacancies, the Government has given relaxation. It is submitted by the learned Counsel for the Petitioner that such relaxation has been given taking note of the fact that there is no Language Teacher course. It is further submitted that the Language Teacher Course is recognized for the purpose of appointment as a Language Teacher. It is further submitted that the certificate issued by Hindi Sahitya Sammelan, Allahabad has been recognized by Himachal Pradesh and the Central Government also for the purpose of Language Teacher. The Petitioner seeks an opportunity to approach the Government pointing out all these aspects. Therefore, the writ petition is disposed of as follows:

The Petitioner may make representation before the first Respondent within a period of one month from today along with a copy of this judgment, in which case the matter will be duly considered by the first Respondent, adverting to the submissions made therein and appropriate orders in accordance with law and justice will be passed thereon within another three months.

The writ petition is disposed of, so also the pending application (s), if any.