IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 2326 of 2008 (OA No.2556 of 1994 Judgment reserved on :22.7.2010 Date of decision: 29.7.2010 Mehar Chand . ….. Petitioner. Vs. State of H.P.& Ors. …. Respondents. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Y.S. Thakur, Advocate vice Mr. K.D. Shreedhar, Advocate. For the Respondents : Mr. P.K. Sharma, Addl. Advocate General with Mrs. Shubh Mahajan, Dy. Advocate General, for respondents No.1,2 and 4. Kuldip Singh, Judge The petitioner through this petition has sought directions to respondents to take over his services as Shastri Teacher with all consequential benefits by giving him all benefits of past services rendered by him in privately managed Janta High School, Golwan. 2. The petitioner has raised grievance against the notification dated 8.9.1992 Annexure A-9 to the extent that services of the petitioner, who had worked in the erstwhile Janta High School, Golwan as Shastri Teacher since 22.11.1990 were not taken over by Government when the School was upgraded to the level of a High Whether the reporters of the local papers may be allowed to see the Judgment? …2… School by taking over the classes being run by privately managed Janta High School, Golwan. 3. The pleaded case of the petitioner is that he had done his Diploma in Shastri from Guru Nanak Dev University in December, 1984. In September, 1991 he had passed out B.A. from Himachal Pradesh University. The Managing Committee of Janta High School, Golwan appointed the petitioner on 23.11.1990 and he joined as such in the last week of November, 1990 and continued to work till 30.6.1994 when 9th and 10th classes were taken over by the Government Middle School, Golwan which was upgraded to the level of a High School. 4. The Managing Committee of the School handed over the entire complex of privately managed school. The Managing Committee also requested the respondents No.1 and 2 to take over the services of petitioner and absorb him in the Government service, but no steps were taken by the respondents and he was rendered jobless. In the private school the staff was recruited through Employment Exchange and each teacher fulfilled the requisite educational qualifications for the post on which he or she was working. The school was getting grant-in-aid from the Government of Himachal Pradesh. 5. On 8.9.1992, 41 Government Middle Schools were ordered to be upgraded including Government Middle School, Golwan to the level of a High School. The up-gradation was subject to the condition that the people of the area will make arrangements for necessary additional rooms. It was also stated in the notification …3… that the department will open the school and classes will start running only when the local people will hand over the building to the education department. The department intentionally ignored to mention the name of the privately managed school, Janta High School, Golwan in the notification dated 8.9.1992 with the sole purpose to deny petitioner and similarly situated teachers working in the school, their absorption in the government service. It is the case of the petitioner that for all practical purposes the privately managed school was taken over by the government. The President of the Managing Committee, Janta High School, Golwan had written letters to the District Education Officer, Mandi and Director of Education requesting them to take over the entire record of the school alongwith the staff, but no steps were taken by the respondents for taking over services of the petitioner and similarly situated persons. In these circumstances, the petitioner has filed the petition. 6. The respondents No.1,2 and 4 have contested the petition by filing reply. It has been pleaded that Government has upgraded its own Government Middle School, Golwan, District Mandi vide notification dated 8.9.1992. The Government has not taken over privately managed Janta High School, Golwan which was run by the Managing Committee of Janta High School, Golwan, therefore, the question of taking over the services of the petitioner does not arise. The petitioner has no cause of action and the petition is not maintainable. It has been submitted that no back door entry can be made in government jobs. In the government appointment is made in accordance with Recruitment and Promotion Rules. The …4… government has provided its own staff to teach 9th and 10 classes after up-gradation of its own Middle School to the level of High School at Golwan 7. I have heard learned counsel for the parties. The petitioner was appointed Shastri ( O.T.) by the Managing Committee of Janta High School, Golwan, a private school on 23.11.1990. On 8.9.1992 many Middle Schools were upgraded to the level of High Schools including Government Middle School, Golwan. There is no denial of the fact that in the notification dated 8.9.1992, it was stated that the people of the area would provide the necessary additional rooms for running the classes and the department shall open the school and run the classes when the local people will hand over the building to the department. The notification dated 8.9.1992 no where refers that Janta High School, Golwan run by private Managing Committee was upgraded to the level of High School, but what was upgraded was Government Middle School, Golwan to the level of High School. 8. The stipulation in the notification provides that local people of the area would provide additional accommodation for running the school and the department will run the classes only after the handing over the building by the people of the area. This stipulation in the notification nowhere comes to the help of the petitioner. The claim of the petitioner for absorption in the government service or taking over his service by the government being a teacher of Janta High School, Golwan is total misconceived. The government has not taken over the privately managed Janta …5… High School, Golwan. The petitioner has placed nothing on record to show that services of any teacher of privately managed Janta High School, Golwan were taken over by the government. There is substance in the stand of the respondents No.1,2 and 4 that recruitment in the government service is made in accordance with Recruitment and Promotion Rules. The petitioner has miserably failed to establish his right and claim for absorption in government service or for taking over his services by government on the basis of notification dated 8.9.1992. There is no merit in the petition, which is accordingly dismissed. July 29, 2010 (Kuldip Singh), (sks) Judge.