IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No. 8836 of 2008 Decided on 22.12.2010 Parveen Kumar ..…Petitioner. Versus State of Himachal Pradesh and another …… Respondents. _____________________________________________________ Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the Petitioners : Mr. Raman Sethi, Advocate. For the respondents : Mr. Anil Jaswal, Dy. Advocate General. V.K.Sharma, Judge (Oral) The petition has been filed on the following averments vide para 6(i) to (iv) :- “(i) That the applicant is a permanent resident of Himachal Pradesh and a citizen of India. He has done his Matriculation from HP Board of School Education. Thereafter he has passed a Two Years Certificate Course in Arts & Crafts from Rajasthan Vidyapeeth, Udaipur, which is a Deemed University under the Universities Grants Commission (UGC) Act. A copy of the Certificate of the applicant is attached as Anenxure-A1 to the application. A copy of the notification whereby the Rajasthan Vidyapeeth has been declared to be a Deemed University by the Government of India is attached as Anenxure-A-2 to the application. 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 (ii) That the respondent No.2 Board has been constituted by the State of Himachal Pradesh to fill up the posts defined as Subordinate Services. The respondent No.2 issued an advertisement which was published in the “The Tribune” dated Saturday 6th July, 2002. A copy of this advertisement is attached as Annexure-A3 to this application. (iii) That as per the advertisement, the respondent No.2 had invited applications for 29 posts of Arts & Crafts Teachers in the pays scale of Rs. 5000- 8100. The essential qualifications for the said posts was that the candidate should be Matric full subjects with two years Diploma in Arts & Crafts from recognized University / Institution. (iv) That the applicant fulfilled all the qualifications including the essential qualifications. He had obtained the Two Years Diploma Certificate in Art & Craft from the Rajasthan Vidyapeeth, Udaipur. He had done the Course from the Galaxy Academy of Education of Education, Paonta Sahib, which is an Extension Centre of the Rajasthan Vidyapeeth. The applicant purchased a form. He applied for the post of Art & Craft Teacher in the duly prescribed form. Alongwith the form, he sent a draft for the fees as required under the advertisement. However, to the shock and surprise of the applicant, he did not receive any call letter or roll number for taking the written examination. It would be pertinent to mention that he has not received any letter rejecting this candidature till date.” 2. On the above averments, the following releifs have been claimed vide para 7(a) and (b):- “(a) Quash the examination for the posts of Art & Craft Teachers held by the respondent No.2 on 19.9.2002; 3 (b) Direct the respondents to hold a fresh examination for all candidates for the said posts or in the alternative direct the respondents to give an opportunity to the applicant and other similarly situated students to take such a similar examination separately.” 3. In reply on behalf of respondent No.2, the following stand has been taken vide para 3:- “Not admitted. It is submitted that the replying respondent inter-alia invited applications for the posts of Art & Craft teachers vide advertisement Anenxure-A/1. The essential qualification for the above post was ‘Matric full subjects with two years diploma in Art & Craft from a recognized University/Institution. In response to above advertisement, the applicant applied for the post of ‘Art & Craft teacher’ vide his application enclosed as Anenxure-R/1. Scrutiny of his application revealed that he had obtained the diploma in Art & Craft from Rajasthan Vidyapeeth, Udaypur through Galaxy Academy of Education, Paonta Sahib. As per list of recognized Institutions/Universities supplied by the Director of Education vide his letter No. Shiksha-H(III)-C(2)1/99 dated 11.11.1999, the examinations of Rajasthan Vidyapeeth Udaypur are recognized by Himachal Pradesh University only on reciprocal basis. This means that only such examinations which are conducted by both the Universities are recognized by each other. But as the art & craft teachers training examination is not conducted by the H.P. University so the diploma awarded by Rajasthan Vidyapeeth, Udaypur for art & craft teacher training does not stand recognized due to the reciprocity not being there in the said examination. In the light of this position the application form of the applicant for the post of 4 art & craft teacher was rejected. It is also submitted that as per list supplied by Education Department, the art & craft course is recognized at institutions shown at Anenxure-R/3.” 4. The learned counsel for the petitioner submits at the very outset that the case of the petitioner is covered under judgment dated 25.09.2008, rendered by a Division Bench of this Court in CWP No. 2216 of 2007 alongwith CWP No. 2279 of 2007, titled Babu Ram and others vs. State of H.P and another and Virender Kumar and others vs. State of H.P. and others and another followed by judgment dated 22.4.2010, passed by a learned Single Judge of this Court in CWP(T) No. 11377 of 2008, Netar Singh vs. State of H.P. & Others. 5. In view of the above, if on facts, the case of the petitioner is covered under the aforesaid judgments and he is a similarly situate person as the petitioners were in the aforesaid cases, subject to the petitioner submitting a representation along with copies of writ petition, judgments referred to hereinabove, as also this judgment, within one month from today to respondent No.1, the said respondent shall consider the case of the petitioner for appointment against an existing vacancy and take final decision in the matter within next three months in accordance with law and justice after affording an opportunity of being heard to the petitioner, if so desired. 6. The petition, so also pending CMP(s), if any stand disposed of in the above terms. (V.K. Sharma) Judge 22nd December, 2010 (lsp)