IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 2082 of 2010. Decided on: May 14, 2010 Luherder Kumar ….. Petitioner. Versus State of Himachal Pradesh and others …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : Mr. Javed Khan, Advocate. For the Respondents: Mr. R.K. Sharma, Sr. Addl. Advocate General for respondents No. 1 to 3. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) CMP No. 3137 of 2010 Allowed. CWP No. 2082 of 2010 The Writ Petition is filed with the following prayer:- “(a) That the impugned relieving order issued on 8.7.2009 (Annexure P-4) may kindly be quashed and set aside and the respondents No. 1 & 2 may kindly be directed to allow the petitioner to continue as D.P.E. in GSSS Jarol and the respondent No.4 may be adjusted in some another school with all consequential benefits.” 2 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 a 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. 3. Learned counsel for the petitioner, however, submits that there are several vacancies available to accommodate the regular teacher and the fourth respondent need not be appointed in place of the petitioner and in case the fourth 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 fourth 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. 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. 5. The Writ Petition is disposed of, so also the pending application. Dasti copy on usual terms. (Justice Kurian Joseph), Chief Justice May 14, 2010 (Justice Kuldip Singh), (rks) Judge.