1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP-T No. 2968 of 2008 Date of decision: 17.3.2011 ________________________________________________________________ Sunita Kumari .....Petitioner. Versus State of Himachal Pradesh and others .....Respondents. Coram The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? No. ________________________________________________________________ For the petitioner: Mr. Sanjeev Bhusan, Advocate. For the respondents : Mr. Anil Jaswal, Dy. Advocate General V.K. Sharma, J. (Oral). The petition has been filed on the following prayer :- “That respondents particularly respondent No.3 may kindly be directed to issue appointment letter in favour of the applicant as Pry. Assistant Teacher for Govt. Middle School, Kupvi immediately without there being any further delay.” 2. In reply, the respondents have taken the following stand vide para 3 :- “ That the present original application filed by the applicant is not maintainable because as per the information received from the Block Elementary Education Officer, Kupvi, Disttt. Shimla the 1 Whether reporters of Local Papers may be allowed to see the judgment? No. 2 applications were called for the post of Primary Assistant Teacher for G.P.S. Kupvi, which were to be filled up amongst the category of O.B.C. And for the said post only one application that is of the applicant was received. The interview for the said post was fixed on 7.9.2007 and on the date of interview the Pradhan, Gram Panchayat Judushilal objected that the applicant can not claim the benefit of O.B.C. As previously one of the member of the applicant's family has taken the benefit of S.C. and was appointed as Primary Assistant Teacher from the S.C. category. Therefore, on the basis of this objection t6he Chairman of Selection Committee i.e. S.D.O. © did not conduct the interview and directed the Naib-Tehsildar Kupvi to inquire into the matter. It is further submitted that thereafter the model code of conduct was enforced in the State w.e.f. 10.10.2007 due to which no further date for interview was fixed. It is also further submitted that now the Govt. vide letter dated 16.1.2008 has decided that ongoing selection process including interview shall be stopped. Therefore, in view of these facts the present original application filed by the applicant deserves to be dismissed. ” 3. Thus, it is manifest that the only reason for not offering appointment to the petitioner as Primary Assistant Teacher in Government Middle School, Kupvi was that there was some doubt about her Other Backward Class Certificate (OBC), Annexure A-1. However, once the clarification in this regard was issued by 3 respondent No.2, Director, Elementary Education, Himachal Pradesh, vide letter dated Nil of October, 2007, Annexure A-3, which is to the following effect, the doubt stood clarified and there was no impediment for respondent No.3, Selection Committee to appoint the petitioner as Primary Assistant Teacher in Government Middle School, Kupvi :- “On the subject cited above, as per your letter No. SDM-CPL/2047 dated 29th Sept, 2007, you are hereby informed that because now the Tarkhan cast has been included in OBC, therefore, Sunita Kumari is eligible for making an application for Primary Assistant Teacher under OBC category. Therefore, after accepting her application form,k further action maybe taken and this Directorate be informed accordingly.” 4. In view of the above, the petition is allowed with a direction to the respondents/competent Authority to issue appointment letter in favour of the petitioner as Primary Assistant Teacher in Government Middle School, Kupvi within three months from the date of production of copy of this judgment by the petitioner. 5. The petition, so also pending CMP(s), if any, stand disposed of. Copy dasti. (V.K. Sharma) Judge 17th March, 2011. (jai)