IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.: 446 of 2005 Reserved on: 23.7.2008. Date of decision: 25.7.2008 Hemant Lata Gautam Petitioner. Versus State of H.P. and others. Respondent Coram The Hon’ble Mr.Justice Deepak Gupta, J. The Hon’ble Mr. Justice V.K.Ahuja, J. Whether approved for reporting?1 No. For the petitioner: Mr. G.R.Palsra, Advocate. For the respondent No.1 to 3. Mr. Rajesh Mandhotra, Dy. Advocate General. For the respondent No.4 Mr. P.P.Chauhan, Advocate. Per Deepak Gupta, J. This petition is directed against the order of the learned H.P.State Administrative Tribunal dated 6.1.2005 passed in O.A No. 211 of 2002 whereby the original application filed by the present petitioner has been rejected. The brief facts necessary for the adjudication of the case are that applications were invited by the respondents for filling up the post of Lecturer Sociology in 1 Whether the reporters of the local papers may be allowed to see the Judgment? No. 2 Government Senior Secondary School, Jullugran, District Kullu. Interview letters were issued to various candidates including the petitioner. Interviews were conducted and respondent No.4 Sudarshan Singh was selected. The petitioner challenged the selection of Sudarshan Singh by filing O.A No. 211 of 2002 before the learned Tribunal. The main ground of challenge was that the petitioner had not been granted marks for her experience as teacher in a school though a certificate of experience had been filed. According to the respondents, the petitioner was not granted the benefit of the experience of teaching since she had no teaching experience in 10+1 and 10+2 classes and the certificates in respect of her teaching experience were in respect of lower classes. To appreciate the rival contention of the parties, it would be proper to extract the relevant portion of the guidelines issued by the Department for the interview of School Lecturers. “Sr. ITEM. MARKS REMARKS No. 3. Adhoc experience in a Govt. 25. 5 marks for School/College/Recognised each four School duly countersigned months by DEO/Affiliated Colleges covering in H.P. 20 months.” A perusal of the aforesaid guideline does not show that there is any requirement that the experience should 3 be in 10+1 and 10+2 classes only. It is contended on behalf of the respondents that this condition should be read into these guidelines in view of the fact that School Lecturers are required to teach 10+1 and 10+2 classes only. It is further contended that the principal of the school had informed all the candidates including the petitioner that only experience of teaching in 10+1 and 10+2 classes will be accepted. We have considered the matter in detail. The guidelines have been issued by the State. The interviews are meant to be held according to these guidelines. Guidelines no where provide that the experience of teaching should only be in 10+1 or 10+2 classes. These guidelines could not have been substituted by the principal of his own accord. It has been urged that since the petitioner appeared in the interview despite having been informed that only experience of teaching in 10+1 and 10+2 classes shall be counted she cannot be permitted to be heard in the present petition. We are not in agreement with this contention. If an appointment is against the rules and regulations, the same can be challenged at any stage. Keeping in view the aforesaid discussion, we are of the view that the petitioner was required to be awarded marks for her experience as teacher, as 4 reflected in the certificate Annexure P-11/B. Consequently, we set-aside the selection of respondent No.4. The Selection Committee shall re-assess the marks by granting marks to the petitioner for her experience and consequential orders shall be issued by the respondents No. 2 and 3. The respondents are directed to ensure that the Selection Committee reconsiders the allotment of marks in the light of the above directions within a period of four weeks form today and consequential orders be issued within eight weeks from today. Writ petition is disposed of in the aforesaid terms with no order as to costs. ( Deepak Gupta ), J. 25th July, 2008 ( V.K.Ahuja ), J. ™