Suresh Kumar and Others vs Devinder Singh Ranout and Others Pradeep Kumar and Others Vs State of H.P. and Others

Dev Darshan Sud, J.—The petitioners in these review petitions seek review of the judgment and order passed by this Court in CWP No. 2216 of 2013, titled: Devinder Singh Ranout and Others vs. State of H.P. and Others, decided on 27.06.2013. In that petition, after considering the guidelines issued by the National Council for Teachers Education, we had directed that no appointment shall be made unless tests are conducted in September, 2013 in accordance with the mandate and results are declared. In the present review petitions, it is urged before us that there was misrepresentation of facts by the petitioners therein for the reason that by judgment dated 21.9.2012 in CWP No. 74 of 2012, titled: Pawan Kumar vs. State of H.P. and Others and connected writ petitions, a direction was issued to the respondent-State in the following terms:-

Accordingly, in view of the observations and discussions made hereinabove, the writ petitions are partly allowed to the extent that the respondents are directed to fill up 916 posts from scheduled caste/scheduled tribe categories on batch-wise basis and also by ensuring that these candidates should also pass the Teacher Eligibility Test as per notification dated 23.8.2010, within a period of four months from today. Pending application(s), if any, also stands disposed of. No costs.

It was urged by the petitioners which fact is not disputed that this judgment has not been reversed, varied or modified and has to be implemented in its letter and spirit.

This submission is opposed by the respondents who urge that the judgment passed by us in Devinder Singh''s case supra, is in consonance with the mandatory requirements of law and which does not adversely affect the rights of the petitioners. A number of submissions have been made on the legality of what this Court decided. During the course of arguments we were informed by Shri Lovneesh Kanwar, Advocate, appearing for the 9th respondent that the Teachers Eligibility Tests (TET) have since been conducted and are being concluded in the month of September, 2013, result whereof will be declared in November, 2013. We find no conflict in what this Court decided and what we have directed. The judgment in Pawan Kumar''s case supra is to be implemented as directed and the directions in Devinder Singh''s case cannot be deemed to be altered it since it was never the subject matter in Devinder Singh''s case. Review petitions are disposed of.