IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 2778 of 2010. Decided on: May 31, 2010. Prem Lal. ….. Petitioner. Versus State of H.P. & ors. ….. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioner Mr. Ranjan Sharma, Advocate. For the Respondents Mr. R.K.Sharma, Sr. Addl. AG for respondents No. 1 to 3. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) CMP No. 4076 of 2010 Allowed. The application is disposed of. CWP No. 2778 of 2010 The petitioner is aggrieved since his appointment as DPE (Diploma Holder in Physical Education) in GSSS Himgiri made by the PTA has been terminated on account of the posting of the fifth respondent. It is submitted that the fifth respondent is a regular DPE. It is also submitted that there are other vacant posts available to accommodate the fifth respondent, whereas the petitioner cannot be accommodated anywhere else since he is PTA appointed DPE. 2. Therefore, there will be a direction to the second respondent to examine the matter and in case there are vacant posts available to accommodate the fifth respondent the petitioner shall not be disturbed. The necessary orders in this regard shall be passed within a week from the receipt of the copy of this judgment. The petitioner will produce a copy of this judgment along with a copy of 2 the Writ Petition before the second respondent. However, it is clarified that such continuance of the petitioner, if required and in the event of any vacancy available, shall be permitted only in case the petitioner fulfills the required qualification. 3. The Writ Petition is disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. May 31, 2010. ( Justice Rajiv Sharma), (karan/vs) Judge.