Satya Devi vs State of Himachal Pradesh and Another

V.K. Sharma, J.—The petition has been filed on the following averments vide para 6(a) to (iv):

(i) That the applicant is a permanent resident of Himachal Pradesh and a citizen of India. She has done his Matriculation from HP Board of School Education. Thereafter she has passed a Two Years Certificate Course in Arts & Crafts from Rajasthan Vidyapeeth, Udaipur, which is a Deemed University under the Universities Grants Commission (UGC) Act. A copy of the Certificate of the applicant is attached as Anenxure-A1 to the application. A copy of the notification whereby the Rajasthan Vidyapeeth has been declared to be a Deemed University by the Government of India is attached as Anenxure-A-2 to the application.

(ii) That the Respondent No. 2 Board has been constituted by the State of Himachal Pradesh to fill up the posts defined as Subordinate Services. The Respondent No. 2 issued an advertisement which was published in the "The Tribune" dated Saturday 6th July, 2002. A copy of this advertisement is attached as Annexure-A3 to this application.

(iii) That as per the advertisement, the Respondent No. 2 had invited applications for 29 posts of Arts & Crafts Teachers in the pays scale of Rs. 5000-8100. The essential qualifications for the said posts was that the candidate should be Matric full subjects with two years Diploma in Arts & Crafts from recognized University / Institution.

(iv) That the applicant fulfilled all the qualifications including the essential qualifications. She had obtained the Two Years Diploma Certificate in Art & Craft from the Rajasthan Vidyapeeth, Udaipur. She had done the Course from the Galaxy Academy of Education of Education, Paonta Sahib, which is an Extension Centre of the Rajasthan Vidyapeeth. The applicant purchased a form. She applied for the post of Art & Craft Teacher in the duly prescribed form. Alongwith the form, she sent a draft for the fees as required under the advertisement. However, to the shock and surprise of the applicant, she did not receive any call letter or roll number for taking the written examination. It would be pertinent to mention that she has not received any letter rejecting her candidature till date.

On the above averments, the following releifs have been claimed vide para 7(a) and (b):

(a) Quash the examination for the posts of Art & Craft Teachers held by the Respondent No. 2 on 19.9.2002;

(b) Direct the Respondents to hold a fresh examination for all candidates for the said posts or in the alternative direct the Respondents to give an opportunity to the applicant and other similarly situated students to take such a similar examination separately.

In reply on behalf of Respondent No. 2, the following stand has been taken vide para 3:

Not admitted. It is submitted that the applicant has submitted incomplete application for the post of Art and Craft teacher i.e. without mentioning the Essential Qualifications and Experience etc. enclosed as Annexure -R/1 in columns No. 19 and 20 meant for the purpose. It was not possible for Board''s office to satisfy itself that the applicant has really done the diploma in art and craft. It was made clear in the advertisement (A/3) at serial No. 1 below Note that incomplete application ( e.g. declaration not signed, enclosures ( i.e. bank draft/IPO, acknowledgement card, window envelope ) not attached and columns not filled in etc.) or applications received after the due date shall be rejected straightway without assigning any reasons. It was also made clear that the candidate should read the detailed instructions given in the leaflet attached with the application form (Annexure-R/2) carefully before filling up the form but the applicant did not pay any heed to the instructions and submitted an incomplete application form with the result it was quite difficult for the Board''s office to ascertain the actual qualifications of the applicant for the post of arts and craft teacher. From above, it is crystal clear that the applicant has not mentioned her educational qualifications, experience etc as well as not signed the declaration in specific columns meant for the purpose and as such, her application has been rejected. The intimation of rejection was also sent to the application through ordinary post well in time. Since the application of the applicant has been rejected for want of complete application form, therefore, the question to call her for test as well as interview does not arise. .

The learned Counsel for the Petitioner submits at the very outset that the case of the Petitioner is covered under judgments dated 25.09.2008, rendered by a Division Bench of this Court in CWP No. 2216 of 2007 alongwith CWP No. 2279 of 2007, titled Babu Ram and Ors. v. State of H.P and Anr. and Virender Kumar and Ors. v. State of H.P. and Ors. and by a learned Single Judge of this Court in CWP (T) No. 11377 of 2008, Netar Singh v. State of H.P. and Ors.

In view of the above, if on facts, the case of the Petitioner is covered under the aforesaid judgments and she is a similarly situate person as the Petitioners in the aforesaid cases, subject to the Petitioner submitting a representation along with copies of writ petition, judgments referred to hereinabove, as also this judgment, within one month from today to Respondent No. 1, the said Respondent shall consider the case of the Petitioner for appointment against an existing vacancy of Arts and Crafts Teacher and take final decision in the matter within next three months in accordance with law and justice, after affording an opportunity of being heard to the Petitioner, if so desired.

The petition, so also pending CMP(s), if any stand disposed of in the above terms.