IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No.: 4896 of 2008 Date of decision: 25.8.2010 Narain Singh and another … Petitioner. Versus State of H.P. and another …Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioners: Mr. K.D.Shreedhar, Advocate. For the respondents: Mr. Vivek Singh, Addl. A.G. Deepak Gupta, J. (Oral) 1. The petitioners by means of this petition have prayed that since they were working in the privately managed Shiv Shakti Sr. Secondary School, Bhararu, District Mandi, which has been taken over by the Government, their services should also be taken over by the Government. 2. The stand of the Government is that in fact there is no notification taking over the private school. The only notification is that the Government High School at Bhararu has been upgraded as Government Senior Secondary School, Bhararu. The stand of the Government is that it has not taken over the private run school. This case is squarely covered by the 1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes. 2 judgement of the Apex Court in Civil Appeals Nos. 6211-12 of 1997 titled as State of Himachal Pradesh and others vs. Harvinder Singh and others, wherein the Apex Court held as follows:- “These appeals are directed against the judgement of the Himachal Pradesh High Court dated January 12, 1996 in Civil Writ Petitions Nos. 542 and 981 of 1995 filed by the respondents in these appeals who are claiming that they should be absorbed as teachers in Government of High Schools at Urla and Jahu. In the impugned judgement the High Court has proceeded on the basis that the respondents were earlier employed in private middle schools which were upgraded and taken over by the State Government. In taking the said view the High Court has committed an error because from the record do not show that the private schools in which the respondents were employed were not taken over by the State Government. It appears that the Government High Schools at Urla and Jahu are distinct and separate from the private schools in which the respondents were employed. The respondents have not been able to show any order of the State Government regarding taking over by the Government of the private schools in which the respondents were employed. The case set up in the counter affidavit of Harvinder Singh filed on behalf of the respondents is that at the time of starting of the Government High School at Urla the building and other assets of the privately managed school had been gifted to the Government and the Government High School was started in the 3 building of the private school. This fact is denied in the affidavit filed by Shri S.C.Rai, Director of Education, Himachal Pradesh, who has stated that no gift deed has been prepared or executed by the Management of the Janta High School, Urla to the State Government. We are therefore, unable to uphold the impugned judgement of the High Court. The appeals are accordingly allowed. The judgement of the High Court is set aside and the writ petitions filed by the respondents before the High Court are dismissed. No order as to costs. ” 3. This judgement squarely covers the dispute in the present case also. Therefore, there is no merit in the petition which is accordingly rejected. No order as to costs. 25th August, 2010 ( Deepak Gupta ) ™ Judge.