IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No. 11377 of 2008 (OA No.3507 of 2004) Date of decision : 22.4.2010. Netar Singh …Petitioner. Versus State of H.P. & Others. ....Respondents. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ?1 No For the Petitioner : Mrs. Jyotsna Rewal Dua, Advocate. For the Respondents : Mr. P.K.Sharma, Addl. A.G. with Mrs. Shubh Mahajan, Dy. A.G. Kuldip Singh, Judge ( Oral ) In the petition the petitioner has prayed a direction to the respondents to declare the result of the interview conducted in the year 2003 for the post of Para Teacher (Drawing) at Govt. Senior Secondary School, Nainidhar and allow the petitioner to join as Para Teacher (Drawing) at Govt. Senior Secondary School, Nainidhar, District Sirmaur. A prayer for quashing letter dated 26.6.2004 Annexure A-11 has also been made with further direction that respondents be directed to treat the diploma in Arts and Craft from Rajasthan Vidyapeeth Deemed to be University for purpose of employment of petitioner as Para Teacher (Drawing). 1 Whether reporters of Local Papers may be allowed to see the Judgment ? Yes 2 2. The further case of the petitioner is that after passing 10 + 2 examination from H.P.Board of School Education, he obtained two years certificate course in Art and Craft from Rajasthan Vidyapeeth, Udaipur, Rajasthan deemed to be University on 28.2.2002. The respondent No.1 had advertised filling up posts of Drawing Master (Para Teachers) in the year 2003. The petitioner had also applied for such post at Govt. Senior Secondary School, Nainidhar, District Sirmaur. He was interviewed by the interview committee. The documents of the petitioner were checked by the interview committee but the result of the interview was not declared. The petitioner had made repeated attempts to find out the result, he was told that though he has been selected but his result could not be declared in view of the directions of respondent No.2. In these circumstances, the petitioner has filed the petition. 3. The respondents have filed the reply and they have taken the stand that the petitioner has been rightly denied to join as Para Teacher as the diploma/certificate acquired by the petitioner from Rajasthan Vidyapeeth Udaipur through Extension Centre is not recognized for the purpose of employment in the State of Himachal Pradesh. The petitioner has filed the rejoinder and has placed on record the copy of letter dated 16.6.2007 indicating that a decision has been taken and it has been decided to give recognition to such diploma awarded by the deemed Universities during the period 01.06.2001 to 31.08.2005 for the purpose of employment under the State Government. The petitioner has placed on record, Annexure A-10 dated 27.11.2004 issued by the Principal, Govt. Sr. Secondary School, Nainidhar indicating that Netar Singh (petitioner) has been 3 selected for the post of Drawing Teacher by the committee formed under the Chairmanship of Sub Divisional Magistrate, Paonta Sahib but was not given appointment orders because the diploma obtained by him from Galaxy, Paonta Sahib, affiliated to deemed to be University Udaipur, Rajasthan which is not recognized by the Government of H.P. The Annexure P-3/A is a copy of another letter of Principal, Govt. Sr.Secondary School, Nainidhar showing that in the interview held in November, 2003 for the post of Arts Teacher, the name of the petitioner was mentioned in first position. 4. In view of the aforesaid material on record there is no doubt that the petitioner was selected and placed at No.1 by the interview /selection committee for the post of Drawing Master (Para Teacher) at Govt. Sr. Secondary School, Nainidhar. The appointment order was denied to petitioner on the ground that his certificate/diploma was from deemed to be University Rajasthan which was not recognized for the purpose of employment in Himachal Pradesh. 5. It is common case of the parties that the certificate Annexure A-2 was issued to the petitioner by Rajasthan Vidyapeeth, Udaipur, Rajasthan deemed to be a University and such certificate is dated 28.2.2002. The learned Additional Advocate General has submitted that the students who have joined the diploma course during the period 01.06.2001 to 31.08.2005 are only eligible for the purpose of employment in view of Annexure P-1. The petitioner had joined the diploma prior 01.06.2001, therefore, he is not eligible for employment even under Annexure P-1. The submission made by learned Additional Advocate General is rejected for the reasons that 4 Annexure P-1 dated 16.6.2007 provides that the decision has been taken to give recognition to all such diploma awarded by ‘deemed’ Universities during the period 01.06.2001 to 31.8.2005. In the present case the certificate was awarded on 28.2.2002 which falls within the period 01-06.2001 to 31.08.2005, therefore, in view of Annexure P-1 dated 16.6.2007 the certificate Annexure A-2 dated 28.2.2002 is valid for the purpose of employment under the State Government. 6. The appointment order was denied to the petitioner only on the ground that his certificate/diploma was not recognized by the State Government for the purpose of employment but in view of Annexure P-1 dated 16.6.2007, it is clear that the State Government has taken a decision to recognize the diplomas awarded between 01.06.2001 to 31.08.2005 for the purpose of employment. Thus, the petitioner has made out a case. 7. In view of the above, the respondents are directed to declare the result of the petitioner for the post of Para Teacher (Drawing) at Govt. Senior Secondary School, Nainidhar, District Sirmaur for which he was interviewed in the year 2003 and in case he is found in the merit list, then the concerned respondent shall issue appointment order to petitioner in accordance with law for appointment as Para Teacher (Drawing) at Govt. Senior Secondary School, Nainidhar, District Sirmaur within a period of four weeks. The petition stands disposed of on above terms. ( Kuldip Singh ), April 22, 2010, Judge. (GRS)