Sh. Gurmel Singh vs State of Himachal Pradesh

Justice Kurian Joseph, C.J.—The writ petition is filed mainly with the following prayer:

It is therefore respectfully prayed that the present petition may kindly be allowed and the respondents may please be directed to consider the case of the petitioner for being post4ed in Distt. Kangra only in view of the submissions made here in above in accordance with the recruitment & promotion rules & keeping in mind the fact that the post of JBT Teacher being a class-III, Non-Gazetted, Distt. Cadre post as also the fact he has opted only for Distt. Kangra as a first choice, where there are more than 40 vacancies are there, while filling up the option from the issuing a writ of Mandamus with the further directions to the respondents to place the petitioner at the appropriate place in the list, which has been prepared by them as per his own merit. That the respondents may further be directed to bring unto this Hon''ble Court the complete record pertaining to the selection of the petitioner & the merit list & the basis on which the respondents has appointed the petitioner out of his home Distt. Keeping in view the facts & circumstances of the case & in the interest of justice as also the fact that cabinet has also re-iterated its earlier version that all JBT passed candidates would be appointed in their Home Distt. Only & in not any other Distt.

A similar issue was considered by this Court in CWP No. 7667 of 2011 titled as Amit Thakur Vrs. State of H.P. & others, with connected matters, decided on 20th October, 2011, wherein the operative portion of the judgment reads as follows:-

In the above circumstances, these writ petitions are disposed of as follows:

In the event of any of the petitioners making a representation for posting against any of the vacancies in the Districts, referred to above, the same shall be considered favourably and orders in that regard shall be passed within two weeks from the date of the receipt of a copy of the representation along with the copy of this judgment.

In case any of the petitioners makes a representation against any vacancy in any District other than the home District, the same shall also be considered favourably and orders in that regard shall be passed within another two weeks. However, it is made clear and it shall be made clear in the orders also that the District they choose so shall be treated for all purposes as their home District in future.

It is however, made clear that in case in respect of any of the vacancies, referred to above, in the various Districts, recruitment process has already been set in motion by notifying those vacancies as on today, the notified vacancies shall not be tinkered in the process.

In case the petitioner is similarly situated, a similar treatment shall be given to the petitioner herein also as extended to the petitioners covered by the judgment, referred to above, within a period of two weeks from the date of production of the copy of this judgment by the petitioner before the Director concerned.

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