IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP(T) No. 7504 of 2008 Date of decision: 25.07.2011 ________________________________________________________________ H.P. Craft ITI Diploma Holder & C.T.I. Degree Holder Women Association & another. .....Petitioners. Versus State of H.P. & another. .....Respondents. Coram The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? ________________________________________________________________ For the petitioners: None. For the respondents: Mr. J.S. Rana, Assistant Advocate General. V.K. Sharma, J. (Oral). None appears for the petitioners, though duly served. 2. The petition has been filed on the following substantive prayers vide para 7(i) and (ii): “7(i) That the impugned Annexure A-1, dated 31st August, 1995 to the extent it excludes the categories of the members of applicant Association i.e., Craft, I.T.I. Diploma Holder & C.T.I. Degree Holder Women for being appointed to the posts of JBTs by applying the principle of severability as the same has been issued by the respondents arbitrarily, malafidely and illegally. (ii) That the respondents may be directed to consider the members of the applicant Association for appointment to the posts of JBTs.” 3. In reply, the respondents have taken the following stand vide paras 3 and 6(v): “3. That in reply to this it is submitted that Craft/Music Teachers does not fall in the category of C & V teachers, which is clear from the copy of the decision of the Govt. dated 31.8.95 i.e. Annexure A-2 as annexed by the applicants with the present 1 Whether reporters of Local Papers may be allowed to see the judgment? ...2... original application. Therefore, they are not entitled to appoint as teachers against the post of JBT. And the decision taken vide Annexure A-2 is a Policy decision of the Govt. Therefore, the same can not be challenged by way of filing the present original application. 6(v). That this para also call for no submissions. However, it is submitted that the Govt. has recognized one year Training of Nursery Training Course from Manav Bharti Massoorie only for one session i.e. 1984 -86 vide Notification, dated 10.11.86. Therefore, the question of giving any employment to the Nursery teachers, who have passed their nursary7 training after 1986 does not arise at all.” 4. In view of the above reply, in case the petitioners still have any surviving grievance with regard to the factual and legal position, they may certainly point out the same before the respondents/competent authority by way of appropriate representation alongwith copy of this judgment within two months from today, who shall consider the same and take a final decision in the matter in accordance with law within next three months after affording an opportunity of being heard to the petitioners, if so desired. 5. In view of the above, the petition stands disposed of, so also pending CMP(s), if any. (V.K. Sharma) Judge 25th July, 2011 (virender)