Disposed

Kewal Singh v. State of Hp and Others

Himachal Pradesh HC16 Jul 2024CWP/10675/2023

Case brief

AI extract

What is this about?

In a writ petition regarding appointment as a Language Teacher, the Court refused to direct the State to offer the post to the petitioner. It directed the Department to fill the vacant post in accordance with law if eligible, giving the petitioner liberty to participate in the recruitment process.

What did the court decide?

Petition disposed with direction to fill the post as per law; petitioner given liberty to participate if process initiated by direct recruitment.

Kewal Singh Vs State of Hp and Others — Service and Employment | Himachal Pradesh HC (2024)

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2024:HHC:5200

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No. 10675 of 2023 Decided on: 16.07.2024

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Sh. Kewal Singh … Petitioner Versus State of Himachal Pradesh & others … Respondents

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Coram

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Hon’ble Mr. Justice Ajay Mohan Goel, Judge.

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Whether approved for reporting?¹

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______________________ For the petitioner	_____ :	_________________________ Mr. Bodh Raj, Advocate.	_
For the respondents	:	Mr. Anup Rattan, Advocate with Mr. Sumit Sharma, Advocate General, for respondents-State.	General, Deputy the

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Ajay Mohan Goel, Judge (Oral)

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By way of this petition, the petitioner has prayed for the

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following relief:-

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“ A. That the Hon’ble Court is humbly requested that present petition may kindly be allowed & issue the directions to respondents No.1 to 3 to give appointment to present petitioner as a Language Teacher (Shastri), in GMS Khadet, or respondents may kindly be directed to invite the fresh applications for appointment of Language Teacher at GMS Khadet. ”

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Learned Deputy Advocate General has handed over a copy of instructions imparted by Director of Elementary Education, Himachal Pradesh, Lalpani Shimla-1 and perusal thereof inter alia demonstrates that as the appointment of the Sakinder Singh was

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1 Whether reporters of the local papers may be allowed to see the judgment?

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found to be bad, his services were dispensed with due to nonfulfillment of the requisite educational qualification for the post in issue. This fact is not in dispute.

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Learned counsel for the petitioner submits that a direction be issued to the respondents to offer the post to the petitioner. In terms of the instructions imparted by Director, Elementary Education, the services of Sakinder Singh were dispensed with on 02.04.2011.

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This Court is of the considered view that no mandamus can be issued to the respondent-Department to offer appointment to anyone including the petitioner and the only observation which can be made is that if there is a post lying vacant in a school, then the same be filled up by the department in accordance with law and if such steps are taken by the department, then the petitioner if eligible be given a right to participate in the process.

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Accordingly, as agreed, this petition is disposed of with the direction that steps be taken to fill up the post as per law and if any process is initiated for filling up the post by way of direct recruitment, then the petitioner shall be at liberty to participate in the process. It is clarified that the observations made by this Court should not be construed as if there is a direction passed that the post shall be filled up only by way of direct recruitment.

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Pending miscellaneous application(s), if any also stand

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disposed of accordingly.

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(Ajay Mohan Goel) Judge

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July 16, 2024 (Rishi)

Kewal Singh v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

Kewal Singh v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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