28.5.2009 Present: Mr. K. D. Shreedhar, Advocate, for the petitioner. Mr. Vivek Thakur, Addl. A.G. and Mr. J. S. Rana, Asstt. A.G. for the respondents. CWP(T) No.4214/2008 (OA No.405/97) The petitioner was appointed as Clerk in the privately managed Public High School, Jaou, Tehsil Nirmand, Distt. Kullu, H.P. 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 Notifications dated 24.9.1994 and 29.2.1996 Govt. Middle School, Jaou was upgraded as Govt. High 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 petitioner in terms of the present petition is seeking a direction that his services be directed to be taken over by the Government and all consequential benefits be paid to him. The Government has filed a reply clarifying that the privately managed Public High School, Jaou had not been taken over by the State but, however, the Govt. Middle School had been upgraded from Middle to High 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 petitioner is shown to have been violated. The present petition being devoid of any merit is dismissed. (Sanjay Karol), Judge. May 28, 2009 (rana)