8.4.2009 Present: Mr. Ashwani K. Sharma, Advocate for the petitioner. Mr. R. K. Sharma, Sr. Addl. A.G. with Mr. Vivek Thakur, Addl. A. G. and Mr. Anil Jawal, Dy. A.G. for Respondents No. 1 & 2. CWP(T) No.3911/2008 (OA No.1873/96) Petitioner was appointed as Voluntary Nursery Teacher with M/s. Chhattar Kalyan Sabha, a private organization. However, vide Govt. Notification dated 29.2.1996, the school run by the Chhattar Kalyan Sabha was taken over but petitioner was not absorbed in the Govt. service. In terms of the present petition, petitioner has prayed that she be treated as Government employee and the respondents be directed to issue an order of appointment/posting. In support of her contentions, she has referred to the decision rendered by this Court in Som Dutt & Ors. v. State of Himachal Pradesh & Anr. (1995) 2 Shim.L.C. 427. It is admitted case of the parties that in terms of the aforesaid Notification, only the school was taken over and not the services of the petitioner, who was appointed as Voluntary Nursery Teacher in the Primary School, Bari. Respondents in their reply have clarified that the President of Gram Panchayat Bari, only handed over the building for housing the Primary School in village Bari of Gram Panchayat Bari Gumanu on 9.5.1996. In my considered view, the decision in Som Dutt (supra) is not applicable to the facts of the present case as the petitioner was not a duly qualified teacher eligible to have been appointed to the post of JBT teacher. As per the policy of the Government, only trained staff and that too up to the sanctioned strength of the respective school was to be absorbed. Petitioner not being professionally qualified as JBT teacher, therefore, her services could not be taken over. Petitioner was appointed as Voluntary Nursery Teacher, therefore, had no claim for appointment as Primary School teacher. There cannot be any back door entry to public appointment. I see no reason to interfere as no legally enforceable right of the petitioner is shown to have been violated. No other point urged. The present petition being devoid of any merit is dismissed. (Sanjay Karol), Judge. April 8, 2009 (rana)