IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 626 of 2011 Date of Decision : March 21, 2011 Dev Raj Kaushal Petitioner Versus State of H.P. and others Respondents Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Sanjay Karol, Judge. For the petitioner : Mr. Neel Kamal Sharma, Advocate. For the respondents : Mr. R.K. Bawa, A.G. with Mr. Ankush Dass Sood, Addl.A.G. and Mr. J.K. Verma, Dy.A.G. for respondents No. 1 to 3. Justice Kurian Joseph, C.J. (Oral) The petitioner, who is a regularly recruited teacher, is aggrieved since he is replaced by a PTA teacher. The PTA teacher can replace a regular recruited teacher, only in case a regular recruited teacher is willing to work in any of open vacancies. Therefore, it is made clear that only in case the petitioner is willing to work in any of open vacancies, as pointed out by the private respondent, the petitioner shall be accommodated in that vacancy and in the resultant vacancy, the private respondent can be re- 2 engaged as PTA teacher, in case he is otherwise eligible to be re- engaged. 2. With the above observations, the writ petition is disposed of so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice. (Justice Sanjay Karol), Judge. March 21, 2011 (PK/Pankaj)