Guna Nand Pandey vs State of H.P. and Others

Mansoor Ahmad Mir, Actg. C.J.

The petitioner has entered into third round of litigation because of inaction on the part of the respondents. The petitioner had filed a petition before this Court in the year 1985, being CWP No. 290 of 1985, which was allowed vide judgment dated 15th October, 1985 commanded the petitioner to appear and qualify the Matriculation examination in English only as an additional subject from the Himachal Pradesh Board of School Education. It is apt to reproduce the relevant portion of the judgment (supra) herein:-

In view of the aforesaid facts and circumstances, the petitioner is eligible to be regularized in the service, if he sits in the said examination and qualifies in English subject of the Himachal Pradesh Board of School Education.

In the face of the above position, Mr. Nag, who appears for respondent No. 4, states that the petitioner shall be allowed to sit in the Matriculation examination in the subject of English only, as an additional subject in the year 1986 provided he submits an admission form with the prescribed fee for that purpose. It is pointed out that in case he qualifies the said examination, his services can be regularized, but in the event of his not qualifying the said examination, the respondents nos. 1 to 3 are at liberty to terminate his services. The writ petition is accordingly disposed of, but with no order as to costs.

Thereafter, it appears that the petitioner has obtained the qualification of Matriculation examination in English from Board of High School and Intermediate Education, Uttar Pradesh on 30.6.1986. But despite of that, the respondents have failed to regularize the services of the petitioner, constraining the petitioner to approach the erstwhile H.P. State Administrate Tribunal by the medium of O.A. No. 460 of 1996, which was decided on 2nd January, 2008, holding that the petitioner has not obtained the said qualification from the H.P. Board of School Education. Thus, was not eligible and the O.A. was dismissed.

Being aggrieved with the impugned judgment, the petitioner has filed the present writ petition. The petitioner has specifically pleaded in para 17(E) of the petition that he has obtained the said qualification from the Board of High School and Intermediate Education, Uttar Pradesh, which is recognized by the State of Himachal Pradesh and also by the H.P. Board of School Education, Himachal Pradesh for the purpose of admission to higher education and also for the purpose of Government job. The petitioner has also placed on record the report of Board Authority (Annexure A-13).

The petitioner has also placed on record other documents relating to the persons who have obtained Matriculation certificates from the said Board and have been offered jobs in the State of Himachal Pradesh.

The respondents have not denied para 17(E) of the petition thus, have admitted the same. It is also apt to record here that the Government and the Board Authorities have accepted its equivalence for the purpose of admission and obtaining Government job.

The only question is whether the service of the petitioner was to be regularized in terms of the judgment dated 15th October, 1985 passed by this Court in CWP No. 290 of 1985 (supra).

It would be travesty of justice, if the service of the candidate, who has obtained the Matriculation certificate from the Board, which is recognized by the State Government and his qualification is not disputed coupled with the fact that he has served the Department from the date of appointment till he retires, is not regularized.

In the given circumstances, we deem it proper to set aside the impugned judgment and hold that the petitioner was eligible for regularization on the basis of said qualification, which he has obtained from the Board of High School and Intermediate Education, Uttar Pradesh. Accordingly, the writ petition is disposed of alongwith all pending applications with a direction to the respondents to regularize the services of the petitioner with effect from the date he was entitled to and grant him all consequential benefits, as per law/rules governing the field.

The writ petition is disposed of.