18.3.2009 Present: Mr. R. K. Gautam, Sr. Advocate with Ms. Radhika Gautam, Advocate, for the petitioners. Mr. R. K. Sharma, Sr. Addl. A.G. with Mr. Vivek Thakur, Addl. A. G. and Mr. Anil Jawal, Dy. A.G. for the respondents. CWP(T) No.3933/2008 (OA No.1943/96) The petitioners were appointed as Trained Graduate Teachers, Shastri & P.E.T. etc. in the privately managed Govt. Primary School, Khakhriana, Tehsil Sadar, Distt. Mandi, by the Management of the said school. The State of Himachal Pradesh took a policy decision of upgrading certain schools and in terms of Government Notification dated 14.2.1992 Primary School, Khakhriana was upgraded as Janta Middle School. The Government Notification categorically stated that the schools would become functional only if suitable accommodation as per norms of the Education Department was handed over to the Government free of cost by local people of the area. Importantly in terms of the Notification the State has neither taken the Management of the school nor its employees. The petitioners in terms of the present petition are seeking a direction that their services be directed to be taken over by the Government and all consequential benefits be paid to them. The Government has filed a reply clarifying that the privately managed Middle School, Khakhriana had not been taken over by the State but, however, the school had been upgraded from primary to Janta Middle School. The services of the employees have not been taken over. In similar circumstances the Apex Court in Civil Appeals No. 6211-12 of 1997, titled as State of Himachal Pradesh & others versus Harvinder Singh & others, in terms of order dated 10th September, 1997, has rejected the contentions of the petitioners therein and dismissed the claim of the private teachers. I see no reason to interfere in the present Writ Petition as no legally enforceable right of the petitioners is shown to have been violated. The present petition being devoid of merits is dismissed. (Sanjay Karol), Judge. March 18, 2009 (rana)