IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 214 of 2008. Decided on: 15.06.2010. _____________________________________________________ Kailash Chand. … Petitioner. Versus State of Himachal Pradesh and others. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the petitioner : Mr. Anup Rattan, Advocate. For the Respondents : Mr. R.K. Sharma, Senior Additional Advocate General with Mr. Vikas Rathore, Deputy Advocate General and Mr. R.P. Singh, Assistant Advocate General for respondents No.1 to 3. Mr. Bhuvnesh Sharma, Advocate for respondent No.4. Mr. Vishwa Bhushan, Advocate for respondent No.5. Rajiv Sharma, J. (Oral): Petitioner has assailed the order dated 1st January, 2008 passed by the Principal Secretary (Higher Education) to the Government of Himachal Pradesh. 2. In sequel to the directions issued by the Himachal Pradesh Administrative Tribunal vide its order dated 11.10.2006 in O.A. No.3059 of 2006, the Principal Secretary (Higher Education) has observed that 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. - 2 - the records were not made available to him. However, today during the course of hearing, Mr. Bhuvnesh Sharma, learned counsel for respondent No.4 has produced the records which he has obtained under the Right to Information Act from the Principal, Government Senior Secondary School, Rail. It is intriguing to note why the record was not made available to the Principal Secretary (Higher Education) when the same was available with the Principal, Government Senior Secondary School, Rail, which has been obtained by Mr. Bhuvnesh Sharma, learned counsel appearing on behalf of respondent No.4 from the Principal, Government Senior Secondary School, Rail under the Right to Information Act. It is evident that the record was available, but the same has not been produced before the Principal Secretary (Higher Education). 3. In view of the above position, with the consent of learned counsel for the parties, order dated 1st January, 2008 is quashed and set aside. It is directed that the Principal Secretary (Higher Education) shall rehear and decide the matter in view of the record which is now available with the Principal, Government Senior Secondary School, Rail, District Hamirpur. This be done within a period of three weeks from today positively. 4. With the above observations, the petition stands disposed of. No costs. Copy dasti. (Rajiv Sharma), Judge. June 15, 2010. (sck).