Himachal Pradesh High Court Rectifies Recruitment Error for Drawing Master Post

Court Orders Appointment of Rightful Candidate While Protecting Already Appointed Teacher

In a significant judgment, the Himachal Pradesh High Court has addressed a recruitment error concerning the appointment of a Drawing Master in Government Senior Secondary School, Gumma. Justice Sandeep Sharma presided over the case of Anand Swarup v. State of Himachal Pradesh, wherein the court found that the Selection Committee had erroneously ignored a valid teaching experience certificate submitted by the petitioner, Anand Swarup, during the batch-wise selection process.

The court determined that the teaching certificate issued by the Principal of the Government Senior Secondary School, certifying Anand Swarup's three years of teaching experience, should not have been disregarded simply because the appointment was made on a PTA basis without prior departmental approval. The court emphasized that teaching experience was a crucial factor for awarding marks, and the manner of appointment did not invalidate the certificate's credibility.

The petitioner was initially overlooked in favor of a less meritorious candidate who secured more marks due to the erroneous evaluation by the Selection Committee. The High Court directed the appointment of Anand Swarup to the post without disturbing the position of the candidate who was previously selected and has been serving for eight years. This decision reflects the court's balanced approach to rectifying administrative errors without causing undue harm to either party involved.

Justice Sharma highlighted the importance of considering the teaching experience certificate for awarding marks and criticized the Selection Committee for not doing so. The judgment underscored that the possession of relevant teaching experience should take precedence over the manner of appointment.

The court's directive to appoint Anand Swarup ensures that the rightful candidate receives due recognition and opportunity, while also safeguarding the career of the already appointed teacher. The ruling sets a precedent for fair and transparent recruitment processes, stressing the need for administrative bodies to evaluate candidates based on merit and experience.

Bottom Line:

Teaching experience certificate issued by the Principal of a Government Senior Secondary School, certifying teaching for three years, cannot be ignored merely because the appointment was made on PTA basis without prior departmental permission.

Statutory provision(s):

• Recruitment rules for batch-wise selection 
• Evaluation criteria for teaching experience 
• Policy of regularization by the Government of Himachal Pradesh

Anand Swarup v. State of Himachal Pradesh, (Himachal Pradesh) : Law Finder Doc Id # 2775208