CWP No. 2817/2010 19.05.2011 Present: Mr. Neel Kamal Sharma, Advocate, for the petitioner. Mr. Ram Murti Bisht, Dy. A.G for the State Petitioner has prayed mainly for the following reliefs:- i) That a writ in the nature of mandamus may kindly be issued and the respondent may kindly be directed to appoint the present petitioner on the post of clerk w.e.f. 19.7.1995. ii) That the respondent department may kindly be directed to pay the salary to the petitioner as is admissible to a Clerk from the month of July, 1995 with all consequential benefits alongwith interest @6% per annum.” 2. The issue with regard to the up-gradation of the school in question now stands conclusively decided by this Court in terms of judgment dated 13.7.2009 (Annexure P-8). 3. With regard to the claim of parity based on the principle of discrimination, emanating from the order dated 12.3.1996 (Annexure P- 11), it is evident that the claim is untenable in law. The said order was issued on the basis of the judgment passed by this Court on 12.1.1996 (Annexure P-9), which undisputedly now stands reversed by the Apex Court in SLP filed by the State. The particulars of the proceedings before this Court and the Apex Court stand mentioned in para-4 of the reply, which reads as under:- “4. That in reply to the averments made in this para it is submitted that the Government has never taken over the privately managed school, Narinder Nath Mohan Memorial High School, but the Govt. has upgraded its own school to the standard of high. Therefore, the services of the petitioner cannot be taken over. It is further submitted that the judgment passed by the Hon’ble High Court in CWP No. 542/1995 and CWP No. 981/1995 titled as Harvinder Singh and others and Salig Ram and others versus State of H.P. was assailed by the State of H.P. before the Hon’ble Supreme Court vide SLP (C) No. 6211- 6212 of 1997 arising out of SLP (C) No. 21412-21413 of 1996. The Hon’ble Apex Court vide judgment dated 10.09.1997 has been pleased to allow the SLP filed by the State and the judgment passed by the Hon’ble High Court of H.P. in CWP No. 542/1995 has been set aside. Therefore, the present petition in view of the judgment passed by the Hon’ble Apex Court is not maintainable and is liable to be dismissed in the interest of justice.” 4. In view of the same, it cannot be said that any legally enforceable right of the petitioner stands violated. Consequently, the present petition being devoid of merit is dismissed. May 19, 2011 ( Sanjay Karol ), (rana) Judge.