Vinod Kumar vs State of H.P. and Others

Kurian Joseph, C.J.—The Writ Petition is filed with the following prayer:

a) That a writ in the nature of mandamus may kindly be issued directing the respondents No. 1 to 3 to allow the petitioner as Art & Craft Teacher (D.M.) in Government Senior Secondary School Khani District Mandi, H.P. as such post is still lying vacant in the school since long so that the petitioner may provide some assistance to his family after taking education.

Learned Deputy Advocate General submits that only a regular teacher has been appointed in the post occupied by the petitioner and by the very fact that the petitioner is a PTA teacher, the petitioner has to give room for a regular teacher since the PTA is only an adhoc arrangement made by the Parent Teacher Association.

Learned Counsel for the petitioner, however, submits that there are several vacancies available to accommodate the regular teacher and the fourth respondent need not be appointed in place of the petitioner and in case the fourth respondent is accommodated, the petitioner will have to go out and there is no other place where he can be accommodated since he is only PTA teacher.

It is certainly open to the petitioner to point out this aspect before the second respondent, in which case the second respondent will consider whether the fourth respondent can be accommodated at any other suitable place so that the petitioner can continue. Necessary orders in that regard shall be passed within a period of two weeks from the date of receipt of a copy of the representation alongwith a copy of this judgment. However, it is clarified that such continuance of the petitioner, if required and in the event of any vacancy available, shall be permitted only in case the petitioner fulfills the required qualification.

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