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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Tarlok Singh Chauhan, Satyen Vaidya, JJ.
Sh. Mukand Lal S/O Sh. Jai Nand - Petitioner
Versus
State Of Himachal Pradesh Through Its Principal Secretary (Education) And Ors. – Respondents
Civil Writ Petition No.5959 of 2021
Decided On : 15-12-2021
Constitution of India, 1950 – Article 141 and 142 - Parents Teachers Association Rules, 2006 - Indian Evidence Act, 1872- Section 114(e) - Parents Teacher Association – Appointment - Post of Language Teacher - Minimum eligibility criteria - Recruitment and Promotion Rules - Dispute that PTA Teachers, who did not fulfill minimum eligibility criteria as per Recruitment and Promotion Rules on date of initial engagement by PTAs but had acquired requisite educational qualification after the initial engagement were to be considered only if they fulfilled minimum eligibility criteria as per current Recruitment and Promotion Rules in vogue on the date of regularization with immediate effect - Held, Appointment of petitioner was not disturbed and directions were passed in exercise of Article 142 of Constitution and not by way of binding principle 141 - A presumption of regularity in performance of official duties is an aid to effective and unhampered administration of government functions. Without such benefit, every official action could be negated with minimal effort from litigants, irrespective of merit or sufficiency of evidence to support such challenge - This presumption of regularity expressed by maxim law omnia praesumuntur rite et solemniter esse acta donec probetur in contrarium imply that all judicial and official acts are presumed to be rightly and regularly done. Neither motive could be presumed nor bad faith. This maxim infact stands codified in Section 114(e) of Act, 1872 – Petition dismissed
ORDER :
Tarlok Singh Chauhan, J.
As per the case set-up by the petitioner, he passed his matriculation examination from H.P. Board of School Education, Dharamshala, in the year 1988 and thereafter passed Hindi (Prabhakar) from H.P. University in the year 1989. Since, the post of Language Teacher was lying vacant in Government High School, Todsa, Tehsil Chirgaon, District Shimla, H.P., therefore, respondent No.3 i.e. Deputy Director of Elementary Education accorded the requisite permission to the Headmaster of the School to fillup the post of Language Teacher by the Parents Teacher Association (PTA) under Grant-in-Aid to Parents Teachers Association Rules, 2006.
2. The petitioner was thereafter ordered to be appointed by the Pradhan, PTA, Government High School, Todsa on 30.09.2006. It is claimed that the selection of the petitioner was on the basis of the copy of resolution that came to be passed on 25.10.2006 which reads as under:-
Resolution subject No.6: Under the chairmanship of Janak Raj Sharma deliberation with regard to filling up of posts as per the order of the Deputy Director was held.
Resolution allowed: with regard to above subject, parents teacher association held the deliberation with regard to filling up of various posts in the school like post of Language Teacher. Because matter with regard to filling up of various posts in school is pending before the government, till some decision is taken, the Parents Teacher Association has taken the decision to fill up the post of Language Teacher only with the condition that said teacher selected has to give affidavit duly attested by the Tehsildar/Notary to the effect that he will be teaching the students without salary till further order from the higher authorities.
In the end all the members have unanimously resolved and passed resolution with regard to appointment of one Sh. Mukand Lal S/o Sh. Jai Nand R/o Village Todsa. The appointed candidate is also directed to give his joining on 01.11.2006 to the officiating Headmaster alongwith all documents. After completing all conditions, matter be forwarded to the office of Deputy Director (Secondary).
Lastly meeting was concluded after the vote of thanks passed by Pradhan.
Stamped and signed
Pradhan PTA Govt. High
School, Todsa, Distt. Shimla.”
3. The Government vide order dated 05.08.2020 had decided to regularize the services of PTA teachers both taken over on contract basis and the left out with immediate effect. However, the services of the petitioner were not taken over constraining the petitioner to file CWP No. 5120 of 2020 which was disposed of by this Court vide order dated 22.04.2021 with a direction to the respondents to consider the case of the petitioner for regularization.
4. In compliance to the aforesaid direction, the necessary documents of the petitioner were requisitioned and thereafter the claim of the petitioner was rejected vide order dated 04.08.2020 (Annexure P-13) and the text thereof reads as under:-
That the applicant filed his application in the Hon’ble High Court of H.P. seeking benefit of regularization as Language Teacher. The Hon’ble High Curt of H.P. decided the above mentioned CWP on 22/04/2021. The operative part of the same is as under :-
“Accordingly, this petition is disposed of with the direction to respondent No. 3 to decide the issue pertaining to the petitioner pending before it on or before 30th June, 2021. In case any clarification/ document/ information in this regard is required by the said respondent from the petitioner, then by way of a written communication, the petitioner shall be intimated to hand over the same on or before 15th May, 2021. In case no such communication is iss
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