IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.: 1180 of 2009 Date of decision: 28.5.2009. Ganga Ram … Petitioner. Versus State of H.P and others. …Respondents. 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. Prem P.Chauhan, Advocate. For the respondents 1to 4: Mr. R.K.Bawa, Advocate General and Mr. Ram Murti Bisht, Deputy Advocate General. Per Deepak Gupta, J. (Oral) By means of this petition, the petitioner has challenged the report of the Committee headed by Sub Divisional Magistrate, Banjar, whereby his selection as PTA Trained Graduate Teacher in the subject of arts in Government Senior Secondary School, Pujali, Tehsil Banjar, Distt. Kullu, has been found to be illegal on the ground that one Smt. Yogeshwari Devi, respondent No.7, was higher in merit than the petitioner. A bare perusal of the enquiry report submitted by the Committee, headed by the Sub Divisional Magistrate, Banjar, shows that the petitioner was at Sr.No.2 in the merit list. The complainant Mohan Lal is far below in merit as compared to the 1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes. 2 petitioner. The person, who is above to the petitioner is one Smt. Yogeshwari Devi, respondent No.7. According to the averments made in para-9 of the petition, said Smt. Yogeshwari Devi, respondent No.7 is already working as Lecturer in some other on PTA basis. On the last date, we had directed that notice be issued to respondent No.7 so that we could ascertain whether she is interested in joining the present school or not. She has been served but has not appeared. It is, therefore, obvious that she is not interested in joining the present school. Since the petitioner was next in merit it would be a futile exercise to set-aside his appointment when the person found higher in merit by the Committee is herself not willing to join. In view of the above discussion, we quash the order of the Committee and direct that the petitioner shall be permitted to continue to function as PTA Trained Graduate Teacher in the subject of arts in Government Senior Secondary School, Pujali, Tehsil Banjar, Distt. Kullu, till regular hand is appointed. ( Deepak Gupta ), J. May 28, 2009 ( V.K Ahuja ), J. ™