2026:HHC:24052 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWPOA No.367 of 2019 Decided on: 20 th June, 2026 ____________________________________________________________________ Jagdish Chand ...Petitioner Versus State of H.P. and others ...Respondents ____________________________________________________________________ Coram Hon'ble Mr. Justice Jiya Lal Bhardwaj, Judge Whether approved for reporting? 1 For the petitioner: Mr. Shekhar Badola, Advocate, vice Mr. Parav Sharma, Advocate. For the respondents: Mr. Sumit Sharma, Deputy Advocate General, for respondents No.1 to 3- State. Respondent No.4 already ex-parte. Mr. Shivom Vashista, Advocate, vice Mr. Adarsh K. Vashista, Advocate, for respondent No.5. Jiya Lal Bhardwaj, Judge (Oral) The petitioner by way of present writ petition has prayed for the following substantive reliefs:- “i) That the selection and appointment of respondent No.5 for the post of Primary Assistant Teacher made for G.P.S. Koyla under Gram Panchayat 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 Ranol and Education Block Chhohra Distt. Shimla may very kindly be quashed and set-aside and the respondent No.3 may further be directed to make the selection and appointment to the post of P.A.T. on the basis of merit selections in the selection proceedings held on 6.3.2006. ii) That the office order dated 28.7.2006 whereby the respondent No.5 has been selected to the post of PAT at G.P.S. Koyla may kindly be quashed and set- aside. ” 2. The facts as emerge from the pleadings are that respondent No.5 has been appointed as Primary Assistant Teacher in Govt. Primary School, Koyla, Education Block, Chhohara, District Shimla, H.P. vide office order dated 28.07.2006. The candidature of the petitioner came to be rejected on the ground that he did not belong to Gram Panchayat, Ranol, where the Government Primary School, Koyla is situated. The petitioner has placed on record certificate dated 07.02.2006 (Annexure A-6), issued by Gram Panchayat, Ranol, wherein, it has been mentioned that the petitioner is a resident of Ranol. It has been averred in the petition that since the petitioner was higher in merit than respondent No.5, he has wrongly been ignored for selection 3 and appointment and respondent No.5, who was lower in merit has illegally been chosen for selection and appointment. The action on the part of Selection Committee to make selection of respondent No.5 is malafide and not based upon merit. 3. Respondents No.1 to 3 filed reply to the petition and averred that the interview for the post of Primary Assistant Teacher in Government Primary School, Koyla was held on 28.07.2006, under the Chairmanship of respondent No.3, in which the petitioner had also appeared as one of the candidates. During the course of interview, the Selection Committee had awarded 54.75 marks to the petitioner and 42.12 marks to respondent No.5. However, the candidature of the petitioner who got highest marks was rejected/ignored by the Selection Committee and recommended respondent No.5 for the post of Primary Assistant Teacher in Government Primary School, Koyla, on the ground that the Pradhan, Gram Panchayat, Ranol, had objected the candidature of the 4 petitioner that he had got his name struck of from Gram Panchayat, Thana and entered in Gram Panchayat, Ranol in 2005, where the vacancy of Primary Assistant Teacher was notified. This fact was also stated in the resolution of Gram Panchayat, Ranol and report of Block Development Officer, Chhohara. It has further been held by the Selection Committee that in the remote area, people tend to take undue benefit whenever a vacancy in Govt. job is notified. Hence, the members of the Interview Board unanimously selected respondent No.5 for the post of Primary Assistant Teacher. 4. Respondent No.5 filed separate reply to the petition and averred that the petition is not maintainable. It has further been averred that the petitioner has not approached the Court with clean hands as he had tried to conceal material facts from the Court. As a matter of fact, the petitioner in order to get himself selected and to participate in the selection process in Govt. Primary School Koyla got his 5 name entered in Gram Panchayat, Ranol, in the year 2005 and thereafter got it struck of from the panchayat record in the year 2007. The family of the petitioner is not registered in the record of Gram Panchayat, Ranol and not paid any taxes in Gram Panchayat, Ranol. The petitioner is a resident of Gram Panchayat, Thana, whereas Govt. Primary School, Koyla falls in Gram Panchayat, Ranol. As per resolution of the Gram Panchayat, Ranol dated 04.09.2020 (Annexure R5-1), the petitioner had got his name struck of from Gram Panchayat, Thana on 12.07.2005 and entered in Gram Panchayat, Ranol on 15.07.2005. Thereafter, he got his name deleted from Gram Panchayat, Ranol on 27.06.2007. 5. The respondents-State filed the supplementary affidavit in pursuance of the order dated 11.11.2025, passed by the Court, when a direction was given to them to place on record the advertisement issued for filling up the post of Primary Assistant Teachers, policy etc. of appointment. Respondent No.2 in compliance with the directions filed the 6 affidavit and averred that the advertisement for the post of Primary Assistant Teacher in Government Primary School, Koyla was issued on 05.07.2005 and also placed on record the policy of Primary Assistant Teachers. As per the Himachal Pradesh Prathmik Sahayak Adhyapak/Primary Assistant Teacher (PAT) Scheme, 2003 (for short “PAT Scheme”) (Annexure R-2/5), the Gram Panchayat concerned is the appointing and controlling authority of the persons appointed and thus, obviously, the appointment must be made in consultation with the concerned Gram Panchayat. 6. The petitioner did not file rejoinders to the replies filed by the respondents. 7. I have heard the learned counsel for the parties and also perused the record carefully. 8. It is not in dispute that the petitioner had got his name struck of from Gram Panchayat, Thana on 12.07.2005 and entered in Gram Panchayat, Ranol on 15.07.2005, where the vacancy of Primary Assistant Teacher was notified on 7 05.07.2005. The entire exercise was done by the petitioner to get himself selected and appointed in the vacancy notified in Government Primary School, Koyla, which is admittedly situated in Gram Panchayat, Ranol. As per the PAT Scheme/policy, the Primary Assistant Teacher shall be appointed by the respective Gram Panchayat of the area in which the Primary School is located in accordance with the procedure mentioned. As per the PAT Scheme, preference will be given to the candidates belonging to the same Panchayat for which the vacancy has been notified, failing which, candidates belonging to adjoining Panchayats shall be considered and so on till suitable candidates become available. 9. In the present case, the petitioner has not controverted the averments made by the respondents in the reply, more particularly by respondent No.5, who has been selected as Primary Assistant Teacher in Government Primary School, Koyla and placed on record the certificate (Annexure 8 R5-1) dated 04.09.2020, wherein it is specifically mentioned that the petitioner had got his name struck of from Gram Panchayat, Thana on 12.07.2005 and entered in Gram Panchayat, Ranol, on 15.07.2005 where the Government Primary School, Koyla is situated. The petitioner did not purposely mention the date of the advertisement in the petition and made a sweeping statement that the respondents had initiated steps for making selection and appointment to the post of Primary Assistant Teacher in Government Primary School, Koyla, in the year 2005. He knew that the post was advertised on 05.07.2005. 10. The entire exercise was undertaken by the petitioner only after issuance of advertisement dated 05.07.2005 when the post of Primary Assistant Teacher was notified to be filled up in Government Primary School, Koyla, which falls in Gram Panchayat, Ranol. This clearly shows that the petitioner was not belonging to the Gram Panchayat, Ranol and only with a view to usurp the post of Primary 9 Assistant Teacher, got his name struck of from Gram Pachayat Thana and entered in Gram Panchayat, Ranol. The act of the petitioner is further fortified by his subsequent act when after selection of respondent No.5, he got his name struck of from Gram Panchayat, Ranol and entered again in his Panchayat i.e. Gram Panchayat, Thana, where he is actually residing. The petitioner did not choose to controvert the facts by filing the rejoinders only for the reason that he was aware that he cannot controvert the averments made by the respondents in the reply. 11. No doubt, the petitioner had scored more marks than respondent No.5, but as per the PAT Scheme, 2003, the Teacher shall be appointed by the respective Gram Panchayat of the area in which the Primary School is located. In case there was no eligible candidate available in the Gram Panchayat, Ranol, the petitioner could have been selected. Since respondent No.5 who belonged to Gram Panchayat, Ranol, where the vacancy of Primary Teacher Assistant in 10 Govt. Primary School Koyla was notified, he was eligible and duly selected by the Selection Committee, in terms of the PAT Scheme, no illegality can be found with the action of the Selection Committee while making recommendations of respondent No.5 and thereafter appointing him as Primary Assistant Teacher in Govt. Primary School Koyla. 12. The petitioner has not laid challenge to the PAT Scheme, under which, the appointment of respondent No.5 has been made. Furthermore, respondent No.5 is working for the last more than 20 years’ and thus, at this juncture, it would be too harsh to quash his appointment. 13. Resultantly, I do not find any merit in the present petition and the same is accordingly dismissed. No order as to costs. Pending application(s), if any, shall also stand disposed of. 20 th June, 2026 ( Jiya Lal Bhardwaj ) (ankit) Judge