Inder Parkash vs State of Himachal Pradesh and others

Rajiv Sharma, Judge

Petitioner was appointed by the P.T.A. as Lecturer in Physical Education in the month of August, 2005 at Government Arya Degree College, Nurpur. Thereafter, he was removed in August, 2007 after the joining by a regular incumbent. He got himself gainfully employed in the adjoining school. However, now fact of the matter is that the post of Lecturer in Physical Education has fallen vacant in Government Arya Degree College, Nurpur. However, the petitioner has not been permitted to join his duties on the ground that he does not possess the essential qualification. Petitioner possesses the qualification of M.A./M. Phil in Physical Education. One Shri Sulakshan Sharma, who is also M.A./M. Phil in the subject of History, has been permitted to teach as a Lecturer (History) by the P.T.A. and by the Principal of Government Arya Degree College, Nurpur. It is also submitted at the Bar that Shri Sulakshan Sharma is getting a consolidate salary of Rs. 6,000/- per month, that too, on the basis of grant-in-aid released by the State Government. Petitioner has gained sufficient experience as a Lecturer in Physical Education from August, 2005 to August,2007 while working at Government Arya Degree College, Nurpur.

Since the post of Lecturer in Physical Education is lying vacant at Government Arya Degree College, Nurpur, the present writ petition is disposed of with a direction to the Principal, Government Arya Degree College, Nurpur to permit the petitioner to work as a Lecturer in the subject of Physical Education and also recommend his case for the grant-in-aid, on the analogy of Shri Sulakshan Sharma, who is exactly similarly situated. The needful be done within a period of two weeks from today. The Principal, Government Arya Degree College, Nurpur is directed to permit the petitioner to join his duties within a week from today. The pending application(s), if any, also stands disposed of. No costs.