IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 13551 of 2008 Decided on: November 11, 2009. Sushma Kumari …… Petitioner. Verus State of Himachal Pradesh and others …… Respondents. Coram The Hon’ble Mr. Justice R.B. Misra, Acting Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting ?1. For the petitioner : Mr. Narender Sharma, Advocate. For the Respondents : Mr. R.K.Sharma, Sr. Addl.Advocate General with Mr. Anil Jaswal, Dy. Advocate General. --------------------------------------------------------------------------------------------------- The respondent Department has sent requisition to the Himachal Pradesh Subordinate Selection Board , Hamirpur for filling up the posts of Vidya Upasaks. In sequel thereto the H.P. Subordinate Services Selection Board has invited applications. The petitioner submitted application for considering her candidature for the post of Viday Upasak. She qualified the written test and thereafter she was subjected to personal interview. She was appointed as Vidya Upasak in Government Primary School, Bhaira 1st, Block Drang-I, Mandi, H.P. She was paid fixed honorarium of Rs.2500/- per month. 1 Whether the reporters of Local Papers may be allowed to see the judgment? yes. 2 Mr. Sharma vehemently argued that as per condition enumerated in “the Himachal Pradesh Vidya Upasak Yojna, 1998” the services of his client should be absorbed as JBT teacher. Mr. R.K. Sharma has strenuously argued that the petitioner was also required to obtain one year Condensed Teacher training course within five years. We have heard the learned counsel for the parties and gone through the pleadings carefully. The State Government has notified “The Himachal Pradesh Vidya Upasak Yojna 1998” on 11th March, 1999. All the vacant posts of teachers in Government Primary School which were located in remote/difficult/backward/tribal area were to be filled up by appointing Vidya Upasaks in accordance with the procedure. The minimum educational qualification prescribed for filling up the posts of Vidya Upasaks was Matriculation examination minimum with 45% marks in the aggregate in respect of general categories and 40% marks in aggregate for candidates of reserved categories. The selection of the candidate was to be carried out by the H.P. Subordinate Services Selection Board, Hamirpur. The candidates were required to appear in the written test consisting of 80 marks. Thereafter, the candidates were to be interviewed. Para 14 of the Scheme deals with the right to claim regular appointment. Para 15 deals with the training programme. Para 16 provides for absorption as regular Primary Teacher. Paras 14, 15 and 16 read thus:- “14. RIGHT TO CLAIM REGULAR APPOINTMENT The right of the candidates appointed as VIDYA UPASAK under the YOJNA to claim regular appointment will be subject to satisfactory performance, completion of training and passing of the 3 examination at the end of training and subject to the condition that those VIDYA UPASAKs, who are MATRICULATES will improve their educational qualification essentially up to the level of 10+2 as per NCTE norms after recruitment and prior to their regularization. Say within a period of five years after their appointment. 15. TRAINING PROGRAMME Under the YOJNA the VIDYA UPASAKS shall have to undergo a training after completing TWO YEARS of continuous service on seniority basis as per combined merit list. The training programme will be worked out by the concerned District Primary Education Officer of the Districts. The candidates selected as VIDYA UPASAKS will have to attend the ONE YEAR CONDENSED TEACHER TRAINING COURSE in the DIETs of the district and appear in the written examination thereafter. In case a candidate FAILS to clear the aforesaid examination after training, his services shall not be taken and he/she will be debarred from the post. NOTE:1 In case of those candidates sent for the training to DIETs and are given stipend, any candidate fails to qualify the written test after the training, his/ her services shall stand terminated. NOTE- 2: The above guidelines in respect of training procedure/programme are subject to the approval by the Government and the Government can change the training programme and decide about the stipend/ honorarium to be paid to the candidates during the training. However, ONE YEAR CONDENSED TEACHER TRAINING will be mandatory for all the VIDYA UPASAKS before their services are regularized. 16. ABSORPTION AS REGULAR PRIMARY TEACHER After putting in FIVE YEARS of continuous service (inclusive of one year training period) reckoned from the date of joining, successful completion of training and passing of subsequent examination after the training and subject to the condition that 4 those VIDYA UPASAKS who are matriculates will improve their educational qualification essentially upto the level of 10+2 AS PER NCTE norms after their appointment the VIDYA UPASAKS will be absorbed as regular Primary Teacher irrespective of vacant post in the regular scale. NOTE: The Government of Himachal Pradesh has right to relax /amend any of the term and conditions mentioned in the above YOJNA in public interest.” The petitioner has submitted the application pursuant to which she has appeared in the written examination. She was interviewed by the H.P. Subordinate Services Selection Board. She was appointed as Vidya Upasak on 16.8.2000. A bare perusal of para 14 reveals that the right of the candidate appointed as Vidya Upasak to claim regular appointment is subject to satisfactory performance, completion of training and passing of examination at the end of training. The candidates who were Matriculate were required to improve their qualifications i.e. 10+2 within a period of five years. The candidates were further required to undergo training after completing two years continuous service on seniority basis as per combined merit list. The candidates were also required as per para 15 to attend one year condensed teacher training course in the DIETs and appear in the written examination thereafter. The candidates who have put in five years and have improved their qualification at the level of 10+2 after completion of training were to be absorbed. It is thus evident that training was to be imparted by the State Government and the candidates were required to obtain one year Condensed Teacher training course and appear in the examination thereafter. 5 A condition was also enumerated in the appointment letter of the petitioner that her case shall be considered for absorption as regular Primary Teacher as per the Scheme while making appointment to the post of Vidya Upasak. Accordingly, the petitioner had legitimate expectation for absorption as per paras 14, 15 and 16 of the Scheme. This fact is not disputed by the learned Senior Additional Advocate General. Mr. Sharma submits that the respondents themselves have restricted the period of training to only 30 days every year. Thus, according to him, it was impossible for the candidate to complete the training of one year within a period of five years. The petitioner in the present case has already passed 10+2 examination. She has already completed more than five years service as Vidya Upasak and completed one year Condensed Teacher training course satisfactorily and also passed the examination. We are of the considered view that as per the Scheme framed by the respondent-State the candidates who had completed five years as Vidya Upasaks were to be absorbed after completing all the codal formalities . It was the duty cast upon the respondent to ensure that the petitioner is permitted to obtain one year Condensed Teacher training course within five years. In case the respondents themselves had not taken steps for enabling the petitioner to obtain one year Condensed Teacher training course within five years, the petitioner cannot be faulted for the same. Accordingly, in view of the observations made hereinabove, the respondents are directed to absorb the petitioner strictly as per the Scheme. These directions be complied with within a period of four weeks from today. The petition stands disposed of. 6 Copy of the Scheme was made available to us during the course of hearing. ( R.B. Misra ), Acting Chief Justice. November 11, 2009. ( Rajiv Sharma), (rks) Judge.