IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 2086 of 2010 with CWPs No. 2088, 2089, 2102 of 2010. Decided on: May 14, 2010 [ For title: Please see below ] Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : Mr. Neeraj Sharma, Advocate. For the Respondents: Mr. R.K. Sharma, Sr. Addl. Advocate General for respondents No. 1 to 3. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) CWP No. 2086 of 2010 Prem Swaroop …..Petitioner. Versus 1. State of H.P. and others ….Respondents. CWP No. 2088 of 2010 Renu Bala …..Petitioner. Versus 2. State of H.P. and others ….Respondents. 2 CWP No. 2089 of 2010 Rajinder Singh …..Petitioner. Versus 3. State of H.P. and others ….Respondents. CWP No. 2102 of 2010 Sunil Kumar …..Petitioner. Versus 4. State of H.P. and others ….Respondents. These Writ Petitions are filed with the following prayers:- “ i) That the order of posting of private respondent against the petitioner and the termination of the petitioner may kindly be quashed with all consequential benefits while issuing the writ of Certiorari. ii) That the petitioner may kindly be allowed to work as PTA teacher with all consequential benefits from the date of illegal termination as per grant in aid rules while issuing the writ in the nature of mandamus and further respondents may kindly be directed to make the seniority list of PTA teachers as per the judgment passed by this Hon’ble Court or any other order which may deem fit be passed in the interest of justice.” 2. Learned Senior Additional Advocate General submits that only regular teachers have been appointed in the posts occupied by the petitioners and by the very fact that the petitioners are PTA teachers, the 3 petitioners have to give room for regular teachers since the PTA is only an adhoc arrangement made by the Parent Teacher Association. 3. Learned counsel for the petitioners, however, submits that there are several vacancies available to accommodate the regular teachers and the private respondent in all the Writ Petitions need not be appointed in place of the petitioner and in case those respondents are accommodated as presently ordered, the petitioners will have to go out and there is no other place where they can be accommodated since they are only PTA teachers. 4. It is certainly open to the petitioners to point out this aspect before the second respondent, in which case the second respondent will consider whether the private respondents can be accommodated at any other suitable place so that the petitioners can continue. Necessary orders in that regard shall be passed within a period of two weeks from the date of receipt of a copy of the representation alongwith a copy of this judgment. However, it is clarified that such continuance of the petitioners, if required and in the event of any vacancies available, shall be permitted only in case the petitioners fulfill the required qualification. 5. The Writ Petitions are disposed of, so also the pending applications. Dasti copy on usual terms. (Justice Kurian Joseph), Chief Justice May 14, 2010 (Justice Kuldip Singh), (rks) Judge.