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2025 DAILYLAW 26051 (HP)

DINESH KUMAR v. THE STATE OF HP AND OTHERS

CWP/15179/2025 · 2025-09-19

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.15179 of 2025 Date of Decision: 19.09.2025 _____________________________________________________________________ Dinesh Kumar ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Sunil Dutt Gautam & Mr. Harmohan Thakur, Advocates. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who was elected as President of School Management Committee of Government Senior Secondary School Mahedo Bag, Teshil Pachhad, District Sirmour, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide his pending representation (Annexure P-2), whereby request has been made to not transfer the teachers from the school in question. 2. It has been averred in the petition that teachers posted in a school, as detailed hereinabove, have been transferred frequently, as a result thereof, studies of students studying in the school are suffering. It has been further averred in the petition that since July, 2025, there is no teacher for the subject of Mathematics and Political Science, as a result thereof, career of 104 students, who were studying in the school, is at stake. 3. Having regard to the nature of prayer and order proposed to be passed in the instant petition, this Court sees no necessity to call for the reply from the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan, argued that present petition is not maintainable because Parent Teacher Association cannot dictate terms to the Government, but fairly submitted that representation filed by the petitioner, if not already decided, shall be decided expeditiously. 3. True, it is that Parent Teacher Association cannot dictate terms to the Government with regard to appointment and transfer of the teaching staff, but certainly it can request the Government to retain the teachers in a school so that studies of the students are not affected. It is not in dispute that Parent Teacher Association comprises of parents of the students studying in the school and as such, they would be concerned about their children’s future in the event of the non-availability of the teachers in the school. Since petitioner has already brought the matter to the notice of Hon’ble Chief Minister as is evident from the representation (Annexure P-2), this Court, without going into the merits of the case, deems it fit to dispose of the same 2 with a direction to the respondents to consider and decide the representation of the petitioner (Annexure P-2) expeditiously, preferably within ten days from today. Ordered accordingly. Pending application(s), if any, stand disposed of. September 19, 2025 (Sandeep Sharma), (sunil) Judge 3