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Shimla, Sept 16,
The Himachal Pradesh High Court has held that teaching experience certified by the Principal of a Government Senior Secondary School cannot be disregarded merely because the appointment was made on a PTA basis without prior departmental approval. Justice Sandeep Sharma, while deciding CWP No.229 of 2021 (Anand Swarup vs State of Himachal Pradesh & Ors.), directed the State to appoint the petitioner as Drawing Master while protecting the services of the candidate already appointed.
The Court observed that the Selection Committee had erred in not granting the petitioner 1.5 marks for his three years of teaching experience at Government Senior Secondary School, Gumma, despite a valid certificate issued by the school Principal. “Once it is apparent from the certificate adduced on record by the petitioner that he had taught in school in question for three years and such fact was fully certified by the Principal of the school concerned, reason assigned by the Selection Committee for not taking into consideration the certificate being wholly unjustifiable, deserves rejection,” Justice Sharma held.
Noting that this non-consideration changed the merit order, the Court said: “Had Selection Committee taken into consideration the teaching certificate placed on record by the petitioner, he would have secured 5.16 marks and in that eventuality, he would have been selected in place of respondent No.3.”
At the same time, the Court declined to disturb the appointment of the private respondent who has been serving for eight years and has since been regularized. Referring to precedents from the Supreme Court, Justice Sharma said: “Since private respondent stands regularized and she has been working for the last eight years, it may not be justifiable to oust her at this stage, rather in peculiar facts and circumstances, her services need to be protected.”
Accordingly, the Court allowed the petition and directed the State to offer appointment to the petitioner as Drawing Master. However, it clarified that while the petitioner would get seniority and continuity on notional basis, he would not be entitled to monetary benefits for the past period.
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