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2012 Supreme(HP) 459

RAJIV SHARMA
Chander Mohan Negi – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the petitioners:Ms. Ranjana Parmar, Advocate.
For respondents No. 1 and 2:Mr. Vikas Rathore, Deputy Advocate General.
For respondent No. 3:Mr. Kush Sharma, Advocate.

Judgment

Rajiv Sharma, J.


1. Petitioners have undertaken Junior Basic Teacher training from Government DIETs in the academic Session 2008-2010. Case of the petitioners, in a nutshell, is that the respondent-State has appointed Primary Assistant Teachers against the post(s) of JBTs. According to the petitioners, the persons, who were appointed as Primary Assistant Teachers, even do not possess the minimum essential qualification of JBT. According to the petitioners, there are about 1461 candidates, who have undertaken JBT training from DIETs and 800 candidates have undertaken their JBT training from private institutions affiliated to the Himachal Pradesh Board of Education.

2. Case of the respondent-State is that the Primary Assistant Teachers were appointed, since the eligible/qualified candidates were not ready and willing to serve in tribal/hard areas. Further case of the respondent-State is that the Primary Assistant Teachers are serving for the last 8-9 years and if they are disengaged, it would result in social disorder and they can also not to be kept as temporary teachers for an indefinite period, which according to the State, would amount to exploitation.

3. The respondent N











































































































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