High CourtsDivision Bench(2010) 10 SHI CK 0314

Leela Dhar vs State of H.P. and Others

High Court Of Himachal Pradesh · Decided on 22 October 2010

HON’BLE JUDGES
Kurian Joseph, C.J · V.K. Sharma, J
CASE NUMBER
CWP (T) No. 7185 of 2008

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Judgment

7 paragraphs · 330 words

Kurian Joseph, C.J.—The petitioner has filed the present petition with the following prayers:

7.

a) The selection of the respondents 3 & 4 may be set aside and quashed.

b) The respondent No. 2 be directed to select the applicant for the post of Vidya Upasak and recommend his name for appointment.

2.

In the reply at para 6(iii), it stated thus:

6.

(iii) It is submitted that as per advertisement No. 4/99 dated 5.4.1999 for the posts of Vidya Upasaks enclosed as Annexure-R/1, there was no condition that only such candidates will be selected who belong to Sub-Division which they have opted in the application form. Any candidates who was resident of Himachal Pradesh could apply for the post of Vidya Upasaks in any Sub-Division. As regards the question of respondent No. 3 & 4 not belonging to the categories other than scheduled tribe, it is submitted that the selection of both these candidates was made on the basis of S.T. certificates duly issued by the competent authority. However, whole the record has been sent to the Director, Primary Education, in original alongwith recommendation vide letter No. HP-SSSB-A(1)-5/99 dated 14.03.2000 (Annexure-R/2). It is requested that the Director, Primary Education, HP, Shimla-1 may also be impleaded as respondent so that he could produce the certificates of respondents No. 3 & 4 before the Hon''ble Administrative Tribunal. In the light of above mentioned position, it is clear that no illegality has been committed in the selection of Vidya Upasaks of Sundernagar Sub-Division of Mandi district.

3.

In view of the reply filed by the respondents, in case the petitioner has still any grievance left, he may approach the first respondent, in which case the first respondent shall look into the matter and take appropriate action within a period of four months from the date of production of copy of this judgment by the petitioner.

4.

With these observations the writ petition is disposed of, so also the pending application(s), if any.