IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 2727 of 2010. Decided on: May 28, 2010. Vinod Kumar …..Petitioner. Versus State of H.P. & ors. …. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Sanjay Karol, Judge. For the petitioner Mr. Rakesh Chandel, Advocate. For the Respondents Mr. R.K.Sharma, Sr. Addl. AG for respondents No. 1 & 2. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The Writ Petition is filed with the following prayers: 1. That writ in the nature of mandamus may be issued to the respondent department and direct them to allow the petitioner to continue as PTA Teacher in the GMS Matiyana. 2. That the respondents be directed to modify the order of transfer of respondent no-3 dated 9 April, 2010 Annexure P-2 & post him at nearby schools namely GMS Potamanal and GMS Bella or any other nearby school.” 2. Learned Senior additional Advocate General submits that only a regular teacher has been appointed in the post occupied by the petitioner and by the very fact that the petitioner is PTA teacher the petitioner has to give room for a regular teacher since the PTA is only an adhoc arrangement made by the Parent Teacher Association. 2 3. Learned counsel for the petitioner, however, submits that there are several vacancies available to accommodate the regular teacher and the third respondent need not to be appointed in place of the petitioner and in case the third respondent is accommodated, the petitioner will have to go out and there is no other place where he can be accommodated since he is only PTA teacher. 4. It is certainly open to the petitioner to point out this aspect before the second respondent, in which case, the second respondent will consider whether the third respondent can be accommodated at any other suitable place so that the petitioner can continue. Necessary orders in that regard shall be passed within a period of two weeks from the date of receipt of a copy of the representation alongwith a copy of this judgment. Copy Dasti on usual terms. (Justice Kurian Joseph), Chief Justice. May 28, 2010. ( Justice Sanjay Karol), (karan) Judge.