Sarita Sharma vs State Of H.P. & Others

Sureshwar Thakur, J

Through, the, extant writ petition, the writ petitioner challenges the impugned transfer order, embodied in Annexure P- 1, wherethrough, the writ petitioner became transferred, from, DIET Mandi to Government Senior Secondary School, Balag (Mandi), and, respondent No.4 herein became posted in place of the writ petitioner at DIET Mandi. Moreover, respondent No.4, is, therethrough transferred from DIET Reckongpeo (KNR), for hers being posted in substitution, of, the writ petitioner, at, DIET Mandi.

Both, the writ petitioner, and, respondent No.4, appear to be appointed, for, teaching the discipline of Fine Arts, at their respective place(s) of posting. However, the writ petitioner, contends that respondent No.4 is incapacitated, to, teach the discipline of Fine Arts, at DIET Mandi, as she does not hold, a valid degree, for, imparting teaching in the afore discipline, to the students at DIET, Mandi, rather she holds the requisite qualification, for, teaching the discipline of fine Arts, to, the students at DIET, Mandi. Consequently, she challenges, the, impugned transfer order.

This Court had through an order made, on 29.09.2020, hence directed the respondents-State, to, through an affidavit, make disclosures, vis-a-vis, the validities, of, the respective diploma(s), held by the writ petitioner, and, by respondent No.4, in the discipline concerned, inasmuch, as, in Fine Visual Performing Arts, and, also qua theirs being validly issued, from, a recognized university or institution, (i) and, a direction was also made, upon, the respondents concerned, to, in the apposite affidavit make underlinings, vis-a-vis, the numerical strength, of, students, who are thereins hence receiving education, at, DIET, Mandi. The purpose, of, the afore affidavit being elicited, from the respondents, was to, ensure the resting of the afore erupting controversy inter se the petitioner, and, respondent No.4, vis-a-vis, the latter being incapacitated, to teach the discipline, of, Fine Arts, to, the students at DIET, Mandi, and, also obviously the petitioner lacking, or otherwise the apposite educational qualification. In compliance to the afore directions being made, upon, the respondents concerned, the, latter placed on record, an affidavit, sworn by the Director of Higher Education to the Government of Himachal Pradesh, Shimla-1, (a) wherein, echoings occur, vis-a-vis, both, the writ petitioner, and, respondent No.4, not fulfilling the requisite educational qualification, vis-a-vis, the post of Fine Arts (Lecturer), (b) and, also articulations are borne therein qua at present there being 97 students in 1st years, whereas, there being 172 students in 2nd year at DIET, Mandi, (c) and, all of whom are therein disclosed to be undertaking education, in, the discipline of Fine Arts, with two components, inasmuch, as, Music, and, Visual Performing Art(s). The afore disclosures made on affidavit, by respondents-State, remains uncontested, in these proceedings, and, obviously, both, the writ petitioner, and, respondent No.4 , cannot prima facie stake any untenable right to impart teachings, hence in the afore disciplines, to, the students in DIET, Mandi.

Be that as it may, regard less, of, the above, the existence of a contention, in the affidavit, sworn by the Director Higher Education to the Government of Himachal Pradesh, Shimla, and, its displaying, vis-a-vis, the writ petitioner, serving in the DIET, Mandi, for the last 18 years, (i) and, also hers remaining throughout posted within District Mandi, (ii) whereas, respondent No.4 serving in a hard tribal district, within Himachal Pradesh, (iii) and, also her transfer being made, with the concurrence, of, the competent authority, (iv) thereupon, obviously respondent No.4, does hold, a clear edge, vis-a-vis, the writ petitioner. It is also therefrom, abundantly clear that the extant writ petition is a gross abuse of the process of the court, (v) as, rather, therethrough, the endeavour of the writ petitioner, is to, stake an untenable indefeasible right, for hers being continuously posted, at, DIET, Mandi, (vi) even when it is known to her that respondent No.4, has served, in a hard area, of, the tribal District concerned, despite hers never, during the tenure of her service, under, the respondents, serving in a hard/tribal area, to, yet through casting, a, challenge, to, the impugned transfer order, claim hers being retained at Mandi, whereupon, the afore strivings becomes, a mistrived recoursing.

Before parting, even if the writ petitioner, and, respondent No.4, do not hold, for whatsoever reason, the requisite qualification, in the discipline of Fine Arts, for, hence theirs teaching/imparting to the students at DIET, Mandi, especially when all the students at DIET, Mandi, are receiving education in the discipline of Music, and, in the discipline of Visual Performing Fine Arts, (I) nonetheless, at those DIET centers concerned, where the students are being imparted teachings in the discipline(s) other than the afore, thereupon, they may continue, to, dehors their limited capacities, in the discipline concerned, qua wherewith(s) the students are receiving education, to, impart/teachings, to, the students concerned or they may only impart teachings, to, the students in those disciplines qua wherewith they hold the fullest eligibilizing apposite educational qualifications.

For the foregoing reasons, there is no merit, in the extant petition, and, it is dismissed accordingly. No costs. All pending applications also stand disposed of.