IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP(T) No. 14450 of 2008 Date of decision: 25.08.2011 ________________________________________________________________ Keshav Sharma. .....Petitioner. Versus The State of H.P. & others. .....Respondents. Coram The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? No. ________________________________________________________________ For the petitioner: Mr. Ranjan Sharma, Advocate. For the respondents: Mr. P.K. Sharma, Addl. AG with Mr. Anil Jaswal, Dy. AG. V.K. Sharma, J. (Oral). The petition has been filed on the following prayers: “1. That the action of the respondents in intending to select and appoint in-eligible candidates, who do not possess a valid freedom fighter ward certificate issued by the competent authority as per the norms of the state Govt. and only to ignore the applicant for the interview to be held on 28.4.2006 and the consequential appointment as per law, may beheld illegal, malafide and unconstitutional. 2. That the applicant may be held entitled to appoint as PAT in GPS Karol from amongst the ward of freedom fighter category with all consequential benefits, forthwith. 3. That the appoint/selection of any other person, who is in eligible may be quashed and setaside.” 2. In reply, the respondents have taken the following stand vide para 3: “That in reply to this para it is submitted that as per the information received from the Block Primary Education Officer, Dadasiba i.e. respondent 1 Whether reporters of Local Papers may be allowed to see the judgment? No. ...2... No. 4 that the applicant had applied for the post of Primary Assistant Teacher for Govt. Pry. School, Kasol which was reserved for the ward of freedom fighter (Ward of freedom fighter). But the application of the applicant was returned to him with the remarks that he does not belong to the Panchayat for which the post of Primary Assistant Teacher is to be filled in. However, on the direction of the Hon'ble Tribunal passed on 27.4.2006, vide which this Hon'ble Tribunal has directed to allow the applicant to sit in the interview provisionally on 28.4.2006 or any subsequent date, the applicant was allowed to sit in the interview provisionally on 8.5.2006. However, the result of interview has not been declared till so far. It is further submitted that since the replying respondent has issued instructions to all the Dy. Directors of Pry. Education, Himachal Pradesh and all the Block Education Officers, in Himachal Pradesh vide letter dated 23.12.2005 in which it has been specified that if a candidate of the reserved category and also main category of the respective reserved category is not available in the same Panchayat the post may not be filled up by appointing candidates from General or any other category but if in horizontal roster point, if any post is reserved for sub category and appropriate candidate is not available in the respective Panchayat, that post may be filled from the candidates of main category of the respective sub category for instance if a post is reserved for SC (Ex men) and desired candidate is not available in the respective Panchayat the post can be filled up from the scheduled caste category. The copy of the same is annexe4d as Annexure R/1. Since the applicant does not belong to Gram Panchayat, Har in which the Govt. Pry. School Kadol is situated for which school the post was kept reserved for ward of freedom fighter, but as per the information received from the respondent No. 3 i.e. SDO (Civil) Dehra that the applicant is only candidate to be interviewed for the post of Primary Assistant Teacher and there was no other candidate available in this category the said Panchayat for which the vacancy is to be filled up. Therefore, in view of these facts the post of Pry. Asstt. Teacher for GPS Kadol Gram Panchayat Har has to be filled up from other sub category of the same Panahcyat. Hence the present OA filed by the applicant deserves to be dismissed.” 3. Rejoinder refuting the above stand on behalf of the respondents and reiterating the averments set up in the petition has been filed. ...3... 4. Admittedly, consequent upon interim direction issued by the erstwhile H.P. State Administrative Tribunal (since abolished) on 27.04.2006, the petitioner was provisionally interviewed on 08.05.2006 and further that result of the interview had not been declared till the reply was drafted on 2nd December, 2006 (filed on 21.08.2007). It being so, the petition is disposed of with a direction to the respondents/competent authority to declare the result of the interview for the post of Primary Assistant Teacher in Government Primary School, Kadol, if not already declared, within a month from the date of production of copy of this judgment by the petitioner before the respondents/competent authority and in case the petitioner is successful, proceed in the matter further in accordance with law. 5. In view of the above, the petition is disposed of, so also pending CMP(s), if any. (V.K. Sharma) Judge 25th August, 2011 (virender)