Sanjeev Kumar vs State of Himachal Pradesh and Another

Kurian Joseph, C.J.—Petitioner was originally engaged as P.T.A. Lecturer under the Government Degree College, Sujanpur, District Hamirpur, H.P. It appears that he was discontinued on the ground that he did not possess the requisite qualification. Thereafter he pursued the matter before appropriate Forum, which culminated in Annexure P-1, dated 24.06.2011, passed by the Government. The Government has taken the stand that the attempt of the Petitioner was belated. There appears to be No. consideration as to whether the Petitioner was qualified and hence could be continued. Be that as it may. By order dated 19th August, 2011, this Court had directed the Principal to be present before this Court with records pertaining to selection, engagement and dis-engagement of the Petitioner. We find from the records that the Petitioner was duly selected by the P.T.A. and was engaged for some time. However, the Petitioner was disengaged on the ground that he did not possess the requisite qualification. But, it cannot be disputed that as per notification dated 14th June, 2006, Annexure P-9, the Petitioner is qualified and there is also No. dispute in that regard. Ms. Savita Sharma, who is officiating as Principal is present before us. The Principal who issued Annexure P-8 is No. more in that College. It is submitted that while issuing Annexure P-8, Annexure P-9, notification was not available in the office of the College, as gathered from the records.

In view of the undisputed fact that there is a vacancy of Lecturer (Commerce) available at Government Degree College, Sujanpur, District Hamirpur and in view of the fact that the Petitioner is qualified and in view of the further fact that he was duly selected by the P.T.A., there will be a direction to the second Respondent to re-engage the Petitioner forthwith and continue him as P.T.A., till he is otherwise replaced by a regular Lecturer. The petition stands disposed of, so also the pending application(s), if any.

A copy of this judgment, duly authenticated by the Court Master, be supplied to the Petitioner.