Ravi Kumar vs State of H.P.

Surjit Singh, J.—Heard and gone through the record.

Petitioners in these two writ petitions, are aggrieved by the orders of termination of their services as PTA teachers, for the reasons that their Diplomas in Arts and Craft, from a Deemed University, are not valid, in view of notification, Annexure P-6, available on the record of CWP 1360 of 2007. As per notification, Annexure P-6, Diplomas, issued by the Deemed University, only up to 31.8.2005, are valid for seeking employment. Some other persons, who had been removed from service, in view of the aforesaid notification Annexure P-6, also filed writ petitions, i.e. CWP 2216 of 2007, titled Babu Ram and Ors. v. State of H.P. and Anr. and CWP 2279 of 2007, titled as Virender Kumar and Ors. v. State of H.P. and Ors.. Those writ petitions have been disposed of by a Division Bench of this Court, on 25.9.2008, whereby Respondents were directed to reconsider their decision, contained in Annexure P-6, so that those candidates, who had taken admission upto the cut off date, i.e. 31.8.2005, were also considered for employment, treating the Diplomas, obtained by them to be valid. In compliance with the aforesaid judgment, the government has reconsidered the matter and issued another notification, which is dated 27.12.2008. Copies of the aforesaid notification, dated 27.12.2008 and the judgment dated 25.9.2008, have been produced by counsel for the Petitioners, which have been taken on record of CWP 1360 of 2007. Notification, dated 27.12.2008, says that those, who had sought admission for Diploma, between 1.6.2001 and 31.8.2005, shall be eligible for appointment as teachers, on the basis of the Diplomas, issued in their favour, on completion of training Course. Petitioners had, admittedly, taken admission within the aforesaid period.

In view of the above stated position, writ petitions are allowed and impugned orders of termination of services of the Petitioner are quashed. Petitioners are continuing in service, on the strength of interim order, dated 31.8.2007, which was made absolute, vide order, dated 26.8.2008.