Petitioner being a drawing master filed the writ petition seeking to submit a representation to the educational authorities regarding her grievance without explicit expression of opinion on the merits by the Court.
Permission granted to submit a representation within two months decided on a speaking order.
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 AT SHIMLA
ON THE 11th DAY OF MARCH 2022
BEFORE
HON’BLE MR. JUSTICE MOHAMMAD RAFIQ
CHIEF JUSTICE
&
HON’BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No. 1037 of 2022
Between:-
RAJNI DEVI, WIFE OF SHRI HARISH KUMAR, RESIDENT OF VILLAGE AND PO MOHAN GHATTI, TEHSIL JOGINDERNAGAR, DISTRICT MANDI, HP, PRESENTLY SERVING AS DRAWING MASTER IN GOVERNMENT SR. SEC. SCHOOL PAHRA, TEHSIL PALAMPUR, DISTRICT KANGRA, H.P.
…..PETITIONER
(BY SH. MANISH THAKUR, ADVOCATE VICE SH. VINOD CHAUHAN, ADVOCATE)
AND
1. STATE OF H.P. THROUGH SECRETARY EDUCATION, TO THE GOVERNMENT OF H.P, SHIMLA-2.
2. DIRECTOR OF ELEMENTARY EDUCATION, HIMACHAL PRADESH, SHIMLA, H.P.
3. DEPUTY DIRECTOR OF ELEMENTARY EDUCATION, KANGRA, DISTRICT KANGRA, H.P.
4. HEADMASTER/PRINCIPAL,
2
GOVT. SENIOR SECONDARY SCHOOL PAHRA, TEHSIL PALAMPUR, DISTRICT KANGRA, H.P.
.....RESPONDENTS
(BY SH. ASHOK SHARMA, ADVOCATE GENERAL, WITH SH. NAND LAL THAKUR, ADDITIONAL ADVOCATE GENERAL)
This petition coming on for admission this day, Hon’ble Mr. Justice Mohammad Rafiq, passed the following:
O R D E R
After arguing the matter for sometime, learned counsel for the petitioner submits that his client would be content in case he is permitted to approach the concerned respondent, in the form of a comprehensive representation by relying on the judgment of this Court in Hem Raj Sharma vs. State of H.P. & Others, passed in CWP No.2549/2015 , decided on 07.08.2015 and another judgment of this Court in Devi Saran Vs. State of H.P. & Others passed in CWP No.2638/2015, decided on 16.09.2016 to consider his grievance and pass appropriate orders.
3
merits of the case, it would be open for the concerned respondent to consider such representation(s), if made, by taking into account the ratio of the aforesaid judgments and decide the same, in accordance with law, by passing a speaking order, within a period of two months, from the date of submission of the representation(s) alongwith with the copy of this order.
Pending miscellaneous applications, if any, shall also stand disposed off accordingly.
( Mohammad Rafiq ) Chief Justice
( Jyotsna Rewal Dua ) Judge
March 11, 2022 (rohit/vs)
Rajn Devi
State of H.P. through Secretary
Director of Elementary Education
Deputy Director of Elementary Education
Headmaster/Principal
Mohammad Rafiq
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
