Dismissed

Baljeet Singh Katoch v. State of Hp and Ors.

Himachal Pradesh HC4 Nov 2022CWP/4371/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking appointment under a land-donation quota. Instead of granting the writ, the Court permitted the petitioner to file an appeal before the Additional District Magistrate under a newly amended Rule-19, allowing the authority to consider the matter on merits without rejecting it as time-barred.

What did the court decide?

Permission granted to approach Additional District Magistrate, Kangra, by way of an appeal under Rule-19 within 15 days without rejection on the ground of delay; pending miscellaneous applications dis

Baljeet Singh Katoch Vs State of Hp and Ors. — Service and Employment | Himachal Pradesh HC (2022)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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ON THE 4^th DAY OF NOVEMBER, 2022

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BEFORE

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HON’BLE MS. JUSTICE SABINA

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HON’BLE MR. JUSTICE SUSHIL KUKREJA

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CIVIL WRIT PETITION No.4371 of 2022

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Between:-

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BALJEET SINGH KATOCH, SON OF SHRI ACHHAR SINGH KATOCH, AGED 36 YEARS, RESIDENT OF VILLAGE SANOUR, POST OFFICE INDORA, TEHSIL INDORA, DISTRICT KANGRA, HIMACHAL PRADESH. ..….PETITIONER

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(BY MR. ONKAR JAIRATH, ADVOCATE) AND

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1. STATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY (EDUCATION) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA (HP).

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2. THE DIRECTOR OF ELEMENTARY EDUCATION, LALPANI, SHIMLA, HIMACHAL PRADESH.

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3. THE DEPUTY DIRECTOR OF ELEMENTARY EDUCATION, KANGRA, DISTRICT KANGRA, HIMACHAL PRADESH.

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4. THE SUB DIVISIONAL OFFICER (CIVIL), INDORA, DISTRICT KANGRA, HIMACHAL PRADESH-CUM- CHAIRMAN, PART TIME MULTI TASKWORKER SELECTION COMMITTEE.

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5. SMT. USHA, W/O NOT KNOWN TO THE PETITIONER, RESIDENT OF VILLAGE SANOUR, POST OFFICE, INDORA, TEHSIL INDORA, DISTRICT KANGRA, HIMACHAL PRADESH. .…… RESPONDENTS

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(BY MS. DIVYA SOOD, DEPUTY ADVOCATE GENERAL, FOR R-1 TO R-4, MR. RAJINDER KUMAR DOGRA, ADVOCATE, FOR R-5)

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This Petition is coming on for admission this day, Hon’ble

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Ms. Justice Sabina , passed the following:

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O R D E R

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Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following relief(s):-

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“A. That a writ in the nature of Mandamus or any other appropriate writ, order or direction may kindly be issued directing the Respondents to award 8 marks to the Petitioner under the parameter, “Candidates whose families have donated land for school” and consequently select and appoint the Petitioner as Part Time Multi Task Worker.”

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Learned counsel for the petitioner has submitted that now vide Addendum dated 25^th August, 2022, Rule-19 has been added to the Policy and as per the said rule, appeal can be filed before the Additional District Magistrate (ADM) of the District within 15 days of the selection/appointment. In the present case, the result was declared in the month of June, 2022 . Hence, the petitioner would not be able to avail the benefit of newly added Rule-19. Learned counsel has further submitted that the petitioner will approach the Additional District Magistrate, Kangra, by way of an appeal within 15 days from

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today and the same should not be rejected by the competent authority on the ground that it is time barred as the Rule 19 has been incorporated on 25^th August, 2022.

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Rule-19, provided vide Addendum dated 25^th August, 2022, reads as under:-

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“ ADDENDUM

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In partial modification of this Department's Notification No. EDN-C-B(1)2/2019 dated 16th July, 2020 (as updated upto 11th March, 2022), the Governor, Himachal Pradesh is pleased to add "Rule-19 Appellate Authority" in the Part Time Multi Task Workers Policy, 2020 as under:

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19. Appellate Authority.

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4 The appeal in respect of complaints relating to PTMTW selection/appointment etc. should be made to the Additional District Magistrate (ADM) of the district within 15 days of the selection/appointment. The appeal will be considered by the Additional District Magistrate (ADM) of the district and disposed off within 30 days from its receipt with suitable directions. If the complainant is not satisfied with the outcome, then he/she may file an appeal with the Director of Higher/Elementary Education, as the case may be, within 15 days from the decision of the Additional District Magistrate (ADM). The appellate authority may dispose off the appeal within 60 days after hearing the appellant.

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By Order Devesh Kumar, IAS Pr. Secretary (Education) to the Government of Himachal Pradesh.”

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Keeping in view the submissions made by learned counsel for the petitioner, we deem it appropriate to dispose of the writ petition by permitting the petitioner to approach Additional District Magistrate, Kangra, by way of an appeal within 15 days from today and the said authority will dispose of the appeal in terms of Rule 19, provided vide Addendum dated 25^th August, 2022.

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It is clarified that the appeal filed by the petitioner would not be rejected on the ground of delay, but would be disposed of on merits.

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Pending miscellaneous application(s), if any, shall also stand disposed of.

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( Sabina ) Judge

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( Sushil Kukreja) Judge

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November 04, 2022 (ks)

Baljeet Singh Katoch v. State of Hp and Ors.

Case brief

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Baljeet Singh Katoch v. State of Hp and Ors.

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