Minor omission of training institute in employment exchange registration does not deny notional regular appointment parity with batchmates when certificate valid and silent on institute; contract appointment invalid sans rules.

Judgment :

Jiya Lal Bhardwaj, J.

By way of present petition, the petitioner has sought directions to offer her appointment as Junior Basic Teacher (in short 'JBT') on regular basis, as has been done in the batch of 174 candidates, with all consequential benefits.

2. Shorn of unnecessary details, the key facts of the case are that the petitioner had joined the Rameshwari Teacher Training Institute, Sarabai, Kullu, H.P. (in short 'RTTI' ) in the year 1999, for obtaining certificate of Junior Basic Teacher. However, for one reason or the other, the said course could not be commenced till the year 2003. The petitioner appeared in the examination of Junior Basic Teacher in December, 2005 and obtained the certificate in January, 2006 (Annexure P-1). After completion of her course, she got herself registered with the Employment Exchange, Mandi, H.P. and was allotted registration No. M-279/06, dated 06.03.2006 (Annexure P-2).

3. The respondents/State had started the process of filling up the posts of Junior Basic Teachers on the basis of the names received from different Employment Exchange(s) of the Himachal Pradesh. Respondents No. 1 and 2 had given approval for filling up of 174 posts of Junior Basic Teachers from the candidates, who had qualified the Junior Basic Teacher examination from Rameshwari Teachers Training School, Sarabai, Kullu, H.P. (RTTI) and St. Bede's College Shimla. However, the name of the petitioner was omitted. The petitioner made a representation on 07.08.2007 to respondent No.2 (Annexure P-3) requesting therein to entertain her candidature for the appointment as Junior Basic Teacher and include her name in the list.

4. Vide communication dated 07.08.2007, the petitioner had also sought information from respondent No.4 as to whether her name had been forwarded to respondent No.2 in the list of candidates who had qualified their Junior Basic Teacher Course from Rameshwari Teachers Training School, Sarabai, Kullu, H.P. and if not sent, be sent. In response to the said communication, respondent No.2 wrote respondent No.3 on 08.08.2007 (Annexure P-5), however, vide communication dated 09.08.2007 (Annexure P-6), it was informed that the names of candidates trained as JBT from RTTI Kullu and St. Bede's College Shimla had been forwarded and hence no other left out case of JBT trained from RTTI Kullu and St. Bede's College Shimla is there. However, vide communication dated 17.08.2007, respondent No.4 had informed respondent No.3 that though the name of the petitioner is registered on 06.03.2006, but her case being unique, for the reason that she had mentioned that she had qualified JBT course from District Institute of Educational Training (DIET) as a private candidate and in the form which she had filled in at the time of registration, there was no mention of RTTI and it was simply mentioned JBT from HP Board of School Education, her name did not find mention in the list of candidates. The petitioner had claimed that she had appeared as re-appear candidate and had passed as a private candidate while she was also a regular student of RTTI Kullu.

5. Respondent No.3 vide office order dated 24.08.2007 (Annexure P-8) made regular appointments to the posts of JBTs, but the name of the petitioner was not mentioned in the said order. The name of the petitioner was considered later on and she was offered appointment vide office order dated 19.07.2008 (Annexure P-10),but on contract basis, alongwith other candidates, whereas while issuing office