The High Court dismissed a writ petition seeking absorption of the petitioner under the PTA Policy. The Court held that appointment without due selection constitutes a backdoor entry, disentitling the petitioner to regularization despite subsequent qualification.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 2939 of 2011-C
Decided on: 09.03.2012
Naveen Lata, D/o Shri Krishan Chand, Village Shalard, P.O. Nandpur, Tehsil Jubbal, District Shimla, H.P.
…Petitioner.
Versus
...Respondents.
Civil Writ Petition under Article 226 of the Constitution of India.
Coram
The Hon’ble Mr. Justice Deepak Gupta, J.
Whether approved for reporting?1 No.
For the petitioner: Mr. Ashwani Sharma, Advocate. For the respondent: Mr. Ram Murti Bisht, Deputy Advocate General.
Justice Deepak Gupta, J. (Oral)
The petitioner, by means of this petition, has prayed
for grant of the following reliefs:
1 Whether the reporters of local papers may be allowed to see the Judgment? Yes.
-: 3 :-
She, thereafter, claimed that she be appointed under the PTA Policy of 2006 and Grant-In-Aid be given in respect of her qualification. This claim was rejected by the Parents Teachers Association on the ground that her appointment had not been made after due selection and at the time she had been appointed, she did not possess the minimum requisite educational qualification required for the said post. It, however, appears that the petitioner continued to work and she continued to be paid by the PTA after collecting funds from the students and finally in the year 2010, her services were dispensed. It is, thereafter, that she approached this Court.
-: 4 :-
there must be, persons who were duly qualified, who could have been appointed to the post, but the Parents Teachers Association, in its wisdom, thought it fit to appoint the petitioner, that too without any selection.
-: 5 :-
(Deepak Gupta) Judge
March 09, 2012 (rajni)
2 issues framed by the court
Whether a petitioner appointed on backdoor entry without selection can claim regularization or benefit under PTA Policy.
Whether services rendered by a teacher appointed without meeting minimum qualification and selection can be regularized retrospectively.
Colour shows how this judgement treated each authority
Naveen Lata
Principal Secretary (Elementary) Education, Government of Himachal Pradesh
Director of Education, Government of Himachal Pradesh
Deputy Director (Elementary) Education, District Shimla
Principal, Government Senior Secondary School Nandpur
Deepak Gupta, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
