Amita Devi vs H.P. Staff Selection Commission
2021 Latest Caselaw 1955 HP

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

CWPOA No. 3918 of 2020.

Reserved on: 5th March, 2021.

.

Decided on : 10th March, 2021.

    Amita Devi                                                              ...Petitioner.

                                         Versus

    H.P. Staff Selection Commission                                      ....Respondent.


    Coram:

The Hon'ble Mr. Justice Sureshwar Thakur, Judge.

The Hon'ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting?1 Yes.

For the Petitioner: Mr. Rupinder Singh Thakur, Advocate.

For the Respondent: Mr. Raj Kumar Negi, Advocate.

Per Sureshwar Thakur, Judge.

The writ petitioner herein, applied for the advertised

post/vacancy, of, Language Teacher (Post Code 569), and, her,

thereagainst application, was made under the category of OBC (UR).

However, her candidature against the afore post, became rejected, by

the respondent, on the ground of hers, not fulfilling the requisite

qualification, thereupon, she has been led to institute the extant writ

petition, claiming therein the relief of a mandamus being made,

Whether reporters of the local papers may be allowed to see the judgment?

...2...

upon, the respondent, hence for considering her for selection, and,

.

appointment, to the advertised post, of, Language Teacher.

2. The validity of the afore averment, as, cast before this

Court, becomes enjoined to be tested, upon, the trite fulcrum of

essential qualification(s), as, become prescribed qua the afore

advertised post, and, as become borne in the relevant Recruitment

and Promotion Rules. An allusion to the apposite to the advertised

post, norms carried in the R & P Rules, and, as existing at page 21, of,

the paper book, become(s) extracted hereinafter:-

"1. B.A. with Hindi as an elective subject, and, 2-years

Diploma in Elementary Education (by whatever name known) or

B.A. with at least 50 marks with Hindi as an elective subject and 1-year Bachelor in Education (B.Ed.)

or B.A. with at least 45% marks with Hindi as an elective

subject and 1-year Bachelor in Education (B.Ed.) in accordance with NCTE (Recognition Norma & Procedure) Regulations issued from time to time in this regard.

Or B.A. with at least 50% marks with Hindi as an elective subject and 1-year Bachelor in Education (B.Ed.) Special Education.

...3...

Or

.

Prabhakar (Honours in Hindi) with 50% followed by

B.A. examination ( English and one additional subject) with 50% marks from a recognized University and 1

year Bachelor in Education (B.Ed.). or M.A. (Hindi) with at least 50% marks from a recognized university and 1 year Bachelor in Education (B.Ed.)

AND Pass in Teacher Eligibility Test (TET Language Teacher), duly conducted by HP Board of School Education,

Dharamshala provided that the incumbents who have already qualified the Teacher Eligibility Test (TET)

conducted by the H.P. Subordinate Services Selection Board."

3. From the afore, it has to be gauged, whether the two

amongst the germane to the petitioner, rather various eligibility

criteria, as, carried in the apposite R & P Rules, and, both also hence

germane, and, relevant to the advertised post, become satiated, by

the writ petitioner, inasmuch, as (a) whether she is B.A. with Hindi as

elective subject, also whether along therewith, she has, two years

Diploma in Elementary Education, (b) and/or she along with hers

being Prabhakar (Honours in Hindi) with 50% marks, she also holds

Bachelor degree (English and one additional subject) with 50% marks,

and, one year Bachelor in Education (B.Ed.). In testing whether any of

the afore alternative imperative criteria, as become prescribed, in the

...4...

unchallenged R & P Rules, become satiated by the writ petitioner, a,

.

reading of the unrebutted averments, hence, cast in the reply, on

affidavit furnished to the writ petition by the respondents, (i) reveals

that the writ petitioner, did not, during the entire run up of hers

acquiring a Bachelor(s) degree in Arts, or till the end of the course,

studied Hindi, as, an elective subject, (ii) thereupon, one of the afore

alluded eligibility criteria, and, whereons the writ petitioner, could

place valid statutory reliance rather becomes completely

unaccomplished by her.

4. Furthermore, even the alternative thereto criterin, and,

as may become applicable to the writ petitioner, and, appertaining to

hers imperatively holding qualification of Prabhakar (Honours in

Hindi), is also insufficient, to enable this Court to conclude that

hence she became untenably ousted, for hers being considered, for,

selection against the afore advertised post, (i) given along therewith

hers becoming also enjoined to hold a Bachelor(s) Degree, in, Arts

(English and one additional subject) with 50 marks, and, also 1 year

Bachelor in Eduction (B.Ed.). Moreover, even the latter qualification

remain(s) unaccomplished by her.

...5...

5. In summa, with none of the afore germane to the

.

petitioner's eligibility criteria as carried in the R&P Rules, becoming

satiated by her, thereupon, she is not entitled for the relief claimed

inasmuch, as, qua a mandamus being pronounced, upon, the

respondents for hers being selected to the advertised post of

Language Teacher. Consequently, there is no merit in the extant writ

petition, and, it is dismissed accordingly. No order as to costs. All

pending app0lications also stand disposed of.

(Sureshwar Thakur)

Judge

(Sandeep Sharma) Judge.

10Th March, 2021.

(jai)