Himachal Pradesh High Court
Vinod Kumar vs Such Prescription On Part Of The ... on 26 November, 2021
Bench: Tarlok Singh Chauhan, Satyen Vaidya
REPORTABLE/NON-REPORTABLE
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 26th DAY OF NOVEMBER, 2021
.
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN,
&
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 6251 OF
2020 ALONG-WITH CONNECTED MATTERS
Between:-
r to
CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 6251 OF
2020
1. VINOD KUMAR
S/O LATE SHRI DESH RAJ
R/O VILLAGE BHATTI P.O. BANKHADI
TEHSIL DEHRA DISTRICT KANGRA (H.P.).
2. VINOD KUMAR
S/O HAST RAM GOSWAMI
R/O VILLAGE DRANG, P.O AND TEHSIL
JWALAMUKHI DISTRICT KANGRA (H.P.).
3. VINOD KUMAR
S/O LATE SHRI OM PRAKASH
R/O VILLAGE LAHAR P.O. BARI-KALAN
TEHSIL KUNDIAN, DISTRICT KANGRA (H.P.).
4. ASHA DEVI
D/O LATE SHRI LALMAN
R/O VILLAGE P.O. & TEHSIL KUDIAN
DISTRICT KANGRA (H.P.).
5. ANKUJ KUMAR
S/O SHRI ASHOK KUMAR
R/O VILLAGE & P.O. SURANI TEHSIL KUDIAN
DISTRICT KANGRA (H.P.).
6. POOJA PRITI
D/O SHRI KHEM RAJ
R/O GUNGUN REST HOUSE DEHRA
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NEAR NIRANKARI BHAWAN P.O. & TEHSIL DEHRA
DISTRICT KANGRA (H.P.).
....PETITIONERS
.
(BY SH. KUSH SHARMA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY EDUCATION
TO THE GOVERNMENT OF
HIMACHAL PRADESH SHIMLA-2 (H.P.).
2.
3.
SHIMLA (H.P.).
r to
DIRECTOR ELEMENTARY EDUCATION,
DIRECTORATE OF ELEMENTARY EDUCATION,
NATIONAL COUNCIL FOR TEACHERS (NCTE),
A STATUTORY BODY OF GOVERNMENT OF INDIA
THROUGH ITS SECRETARY, WING-II, HANS BHAWAN 1,
BAHADUR SHAH ZAFAR MARG, NEW DELHI-110002.
4. HIMACHAL PRADESH STAFF SELECTION
COMMISSION, HAMIRPUR THROUGH ITS
SECRETARY, HAMIRPUR (H.P.).
..RESPONDENTS
(MR. ASHOK SHARMA, A.G. MR.
RAJINDER DOGRA, SR. ADDL. A.G., MR.
VINOD THAKUR, MR. SHIV PAL
MANHANS, MR. HEMANSHU MISRA,
ADDL. A.Gs AND MR. BHUPINDER
THAKUR, DY. A.G. FOR R-1 AND R-2,
MR. B.NANDAN VASHISTH, ADVOCATE
FOR R-3 AND MR. SANJEEV KUMAR
MOTTA, ADVOCATE FOR R-4)
CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO . 132 of 2019
Between:
JBT/D.EL.ED, TRAINED UNEMPLOYED UNION,
(H.P.) ADDRESS H. NO. 120/4, GROUND FLOOR
MAHAJAN BAZAR, MANDI, H.P. REGISTERED
BODY AND AFFILIATED TO HIMACHAL
SHIKSHAK MAHASANGH 9 HSM) (HP)/1-02/2-19,
THROUGH ITS PRESIDENT SH. SANJEEV KUMAR,
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R/O VPO DRANG TEHSIL PADHAR, DISTRICT
MANDI, H.P.
........PETITIONER
.
( BY SH. C.N. SINGH, ADVOCATE )
AND
1. STATE OF HIMACHAL PRADESH, TRHOUGH
PRINCIPAL SECRETARY, EDUCATION
GOVERNMENT OF HIMACHAL PRADESH,
HIMACHAL PRADESH.
2. DIRECTOR OF ELEMENTARY EDUCATION,
GOVERNMENT OF HIMACHAL PRADESH,
HIMACHAL PRADESH.
3. MINISTRY OF HUMAN RESOURCE
DEVELOPMENT GOVERNMENT OF
INDIA,THROUGH ITS SECRETARY.
4. NATIONAL COUNCIL OF TECHNICAL
EDUCATION THROUGH ITS CHAIRMAN,
HANS BHAWAN, WING II.1. BAHADUR
SHAH ZAFAR MARG, NEW DELHI-110002.
5. HIMACHAL PRADESH STAFF SELECTION
BOARD, HAMIRPUR, DISTRICT HAMIRPUR,
H.P. THROUGH ITS REGISTRAR.
6. DEPUTY DIRECTOR, ELEMENTARY
EDUCATION, MANDI, DISTRICT MANDI, H.P.
7. DEPUTY DIRECTOR, ELEMENTARY
EDUCATION, SHIMLA, DISTRICT SHIMLA,
H.P.
8. DEPUTY DIRECTOR, ELEMENTARY
EDUCATION, KINNAUR, DISTRICT KINNAUR,
H.P.
9. DEPUTY DIRECTOR, ELEMENTARY
EDUCATION, SOLAN, DISTRICT SOLAN, H.P.
10. DEPUTY DIRECTOR, ELEMENTARY
EDUCATION, HAMIRPUR, DISTRICT
HAMIRPUR, H.P.
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11. DEPUTY DIRECTOR, ELEMENTARY
EDUCATION, BILASPUR, DISTRICT
BILASPUR, H.P.
.
12. DEPUTY DIRECTOR, ELEMENTARY
EDUCATION, KANGRA, DISTRICT KANGRA,
H.P.
13. DEPUTY DIRECTOR, ELEMENTARY
EDUCATION, KULLU, DISTRICT KULLU, H.P.
14. DEPUTY DIRECTOR, ELEMENTARY
EDUCATION, UNA, DISTRICT UNA, H.P.
15. DEPUTY DIRECTOR, ELEMENTARY
EDUCATION, CHAMBA, DISTRICT CHAMBA,
H.P.
16 DEPUTY DIRECTOR, ELEMENTARY
EDUCATION, SIRMOUR, DISTRICT
SIRMOUR, H.P.
17. DEPUTY DIRECTOR, ELEMENTARY
EDUCATION, DISTRICT LAHAUL AND SPITI,
H.P.
18. H.P. BOARD OF SCHOOL EDUCATION
DHARAMSHALA, DISTRICT KANGRA,
HIMACHAL PRADESH.
19. DEEPIKA, D/O SH. VIJAY KUMAR, R/O
VILLAGE HANOH, POST OFFICE DHAMETA,
TEHSIL FATEHPUR, DISTT. KANGRA,H.P.
20. ANITA THAKUR, W/O SH. CHAMAN
KATOCH VILLAGE ALAG, TEHSIL KOTTI,
DISTRICT MANDI, H.P.
21. ANJANA KUMARI, W/O SH. SURJIT KUMAR,
VPO ROPARI, TEHSIL BARSAR, DISTRICT
HAMIRPUR, H.P.
22. MADHU BALA, W/O SH. GUMA SINGH, R/O
VILLAGE GUGANA, P.O. GAGRUHI, TEHSIL
JAWALAMUKHI, DISTRICT KANGRA, H.P.
(MR. ASHOK SHARMA, A.G., MR. RAJINDER
DOGRA, SR. ADDL. A.G., MR. VINOD
THAKUR, MR. SHIV PAL MANHANS, MR.
HEMANSHU MISRA, ADDL. A.Gs AND MR.
BHUPINDER THAKUR, DY. A.G. FOR R-1, R-2
AND R-6 TO R-17, MR. RAJINDER THAKUR,
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CENTRAL GOVERNMENT COUNSEL FOR R-3,
MR. MR. B.NANDAN VASHISTH, ADVOCATE
FOR R-4 AND MR. SANJEEV KUMAR MOTTA,
ADVOCATE FOR R-5, MS. ANJALI SONI
.
VERMA, ADVOCATE FOR R-18)
CIVIL WRIT PETITION No . 3197 of 2020
Between:
1. DEEP RAM, AGE 34 YEARS, W/O SH. DEVI
RAM, R/O VILL. SARO, P/O AND TEH.
SHILLAI, DISTT. SIRMOUR, H.P.-173027.
2. PARDEEP RAMOUL, AGE 31 YEARS, S/O
SH. LAYAK RAM, R/O VILLAGE TITIYANA,
P.O KAFFOTA, TEHSIL KAMROU, DISTT.
SIRMOUR, H.P.-173029.
3. BHEEM SINGH, AGE 35 YEARS, S/O SHER
SINGH, R/O VPO LARONKELO, TEHSIL
-KULLU, DISTT. KULLU, H.P.
4. ANISH SHARMA, AGE 28 YEARS, S/O SH.
BAL KISHAN, R/O VPO DHANAG, TEH.
BAIJNATH, DISTT. KANGRA,H.P.
5. RENU THAKUR, AGE 27 YEARS, D/O SH.
RAM LAL, R/O VPO MANANI, TEHSIL
BANJAR, DISTT. KULLU, H.P.
6. ANSHU VERMA, AGE 26 YEARS, D/O SH.
ROSHAN LAL, R/O VILLAGE BALASO, P.O.
SAPNOT, TEHSIL KARSOG, DISTT.
MANDI,H.P.
7. NIVEDITA DEVI, AGE 29 YEARS, D/O SH.
ASHOK KUMAR, R/O VPO DARI, TEHSIL
DHARAMSHALA, DISTT. KANGRA,H.P.
8. ANIL KUMAR, AGE 28 YEARS, S/O SH.
SHADHU RAM, R/O VILLAGE KURAYA, P.O
TIMBI, THEISL SHILLAI, DISTT.
SIRMOUR, H.P-173029.
9. RAJESH SHARMA, AGE 29 YEARS, S/O SH.
KARMA NAND, R/O VILLAGE- BAG AABRA,
P.O SATAUN, TEHSIL KAMROU, DISTT.
SIRMOUR, H.P.-173029.
10. SHIVANI THAKUR, AGE 24 YEARS D/O SH.
KISHAN SINGH PUNDIR, R/O VILLAGE
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BOHAL, P.O. BANETHI, TEHSIL NAHAN,
DISTT. SIRMOUR (HP)-173001.
11. SUBHASH THAKUR, AGE 31 YEARS, S/O
.
SH. RANBIR SINGH, R/O VILLAGE
DINGER, P.O. MANGARH, TEHSIL
PACHHAD, DISTT. SIRMOUR (HP)-173024.
12. AMIT MOHAN, AGE 28 YEARS, S/O SH.
JAGMOHAN SINGH, R/O VILLAGE
MARIGHAT, P.O MALHOTI, TEHSIL
PACHHAD, DISTT. SIRMOUR (HP)-173024.
13. VINAY SHARMA, AGE 24 YEARS, S/O SH.
ROSHAN LAL, R/O VILLAGE KANDOLA, PO
BAROG BANERI, TEH- DADAHU, DISTT.
SIRMOUR, H.P.
14. HIMANI KUMARI, AGE 29 YEARS, D/O SH.
RAKESH KUMAR, R/O VILLAGE
KANDAIWALA, PO BURMA PAPRI, TEHSIL
NAHAN, DISTT. SIRMOUR, H.P.
15. TILAK RAJ, AGE 29 YEARS, S/O SAAHNU,
R/O VILLAGE GUMRA, PO DAND, TEHSIL
SALOONI, DISTT. CHAMBA, H.P.-176320.
16. NARESH KUMAR, AGE 29 YEARS, S/O SH.
KHATRI RAM, VPO NAGHETA, TEH.
PAONTA SAHIB , DISTT. SIRMOUR, H.P.-
173025.
17. TILAK RAJ, AGE 30 YEARS, S/O SH. VED
RAM, VPO KADHAR GHAT TEHSIL SUNNIL
DISTT. SHIMLA 171018.
18. PRASHALI SHARMA, AGE 25 YEARS, D/O
SH. PREM SHARMA, R/O SAHIL COMPLEX,
JAWAHAR, COLONY, KAMLANAGAR,
SANJAULI-171006
19. DEEKSHA THAKUR, AGE 24 YEARS, D/O
SH. BALDEV THAKUR, R/O VILLAGE
DHAMECHI, PO BEOLIA, DISTT AND TEH.
SHIMLA, H.P.-171013.
20. DEEPIKA SHARMA, AGE 23 YEARS, D.O
SH. HIRA LAL SHARMA, R/O VILLAGE
BASHOL PO THACHI, TEH., DHAMI,
DISTT. SHIMLA, H..
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21. SHASHANK TANWAR, AGE 25, S/O SH.
NITYA TANWER, R/O BHATIA NIWAS, SEC-
2, NEW SHIMLA, H.P..
.
22. RAMEHSH CHAND, AGE 29 YEARS, S/O
SH. PARMA NAND, R/O VPO JUBBEL, TEH.
KUPVI, DISTT. SHIMLA, H.P.-170217.
23. VIRENDER KUMAR. AGE 31 YEARS, S/O
SH. DAULAT RAM, R/O VILLAGE NAYA,
PO AND TEH. SHILLAI, DISTT. SIRMOUR,
H.P.-173027.
24. KAPIL DEV, AGE 32 YEARS, S/O SH.
JAMNU RAM, R/O VILLAGE NAYA, PO AND
TEH. SHILLAI, DISTT. SIRMOUR, H.P.
173027.
25. DINESH KUMAR, AGE 27 YEARS, S/O SH.
RAM CHANDER, R/O VILLAGE RUAHNA, PO
KORGA, TEH KAMROU, DISTT. SIRMOUR,
H.P.-173029.
26. KUSUM SHARMA, AGE 27 YEARS, R/O
VILLAGE SHILLI SHANADI, PO JAMTA,
TEH. NAHAN, DISTT. SIRMOUR, H.P.
173001.
27. PARVEEN KUMAR, AGE 28 YEARS, S/O SH.
GANGA RAM, R/O VILLAGE SIYUN PUDLA,
PO PANJAHAL, TEH. NAHAN, DISTT.
SIRMOUR, H.P.
28. MANOJ, AGE 28 YEARS, S/O GAIN SINGH,
R/O VILLAGE KURLA KHARAK, PO
BHAROG BANERI, TEHSIL DADAHU,
DISTT. SIRMOUR, H.P.-173022.
29. PAWAN KUMAR, AGE 26 YEARS, S/O SH.
MADAN LAL VILL. CHALACHOT, PO TOON,
TEHSIL AND DISTT. SHIMLA-171103.
........PETITIONERS
(BY SH. K.D. SHREEDHAR, SR. ADVOCATE,
WITH MR. SAURABH AHLUWALIA, ADVOCATE )
AND
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1. STATE OF HIMACHAL PRADESH, THROUGH
PRINCIPAL SECRETARY, (EDUCATION),
SHIMLA-171002 (H.P)
.
2. DIRECTOR OF ELEMENTARY EDUCATION,
DIRECTORATE OF ELEMENTARY
EDUCATION, LALPANI, SHIMLA-171004
(HP).
3. NATIONAL COUNCIL FOR TEACHER
EDUCATION ( NCTE ), THROUGH ITS
SECRETARY, WING-II, HANS BHAWAN-1,
BAHADUR SHAH ZAFAR MARG, NEW
DELHI- 110002.
4. HIMACHAL PRADESH SUBORDINATE
SERVICE SELECTION COMMISSION,
HAMIRPUR-177001, H.P. THROUGH ITS
SECRETARY.
............ RESPONDENTS
(MR. ASHOK SHARMA, A.G. MR. RAJINDER
DOGRA, SR. ADDL. A.G., MR. VINOD
THAKUR, MR. SHIV PAL MANHANS, MR.
HEMANSHU MISRA, ADDL. A.Gs AND MR.
BHUPINDER THAKUR, DY. A.G. FOR R-1
AND R-2 MR. B.NANDAN VASHISTH,
ADVOCATE FOR R-3 AND MR. SANJEEV
KUMAR MOTTA, ADVOCATE FOR R-4)
CIVIL WRIT PETITION NO. 426 of 2021
Between:
MANISH SHARMA,
D/O SH. PRAKASH CHAND SHARMA,
R/O VILLAGE AMARPUR,
TEHSIL GHUMARWIN, DISTT. BILASPUR
(H.P.).
.....PETITIONER
(SH. PANKAJ SHARMA, ADVOCATE)
AND
1. STATE OF H.P.
THROUGH ITS PRINCIPAL SECRETARY
(EDUCATION) TO THE GOVERNMENT
OF H.P. SHIMLA-1, H.P.
2. DIRECTOR OF ELEMENTARY EDUCATION
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DIRECTORATE OF ELEMENTARY
EDUCATION, SHIMLA-1, H.P.
3. NATIONAL COUNCIL FOR TEACHERS EDUCATION
.
(NCTE), A STATUTORY BODY OF
GOVERNMENT OF INDIA, THROUGH ITS
SECRETARY, WING-II, HANS BHAWAN 1,
BAHADUR SHAH ZAFAR MARG,
NEW DELHI-110002.
4. H.P. SUBORDINATE SERVICE SELECTION
COMMISSION HAMIRPUR,
THROUGH ITS SECRETARY, HAMIRPUR
H.P.
....RESPONDENTS.
(MR. ASHOK SHARMA, A.G. MR.
RAJINDER DOGRA, SR. ADDL. A.G.,
MR. VINOD THAKUR, MR. SHIV PAL
MANHANS, MR. HEMANSHU MISRA,
ADDL. A.Gs AND MR. BHUPINDER
THAKUR, DY. A.G. FOR R-1 AND R-2,
MR. B.NANDAN VASHISTH, ADVOCATE
FOR R-3 AND MR. SANJEEV KUMAR
MOTTA, ADVOCATE FOR R-4)
CIVIL WRIT PETITION NO. 756 of 2021
Between:
PUSHPA DEVI,
WIFE OF SHRI ANIL KUMAR,
RESIDENT OF VILLAGE KUTHARI,
POST OFFICE KAROUR,
TEHSIL NADUAN, DISTRICT HAMIRPUR,
HIMACHAL PRADESH.
...PETITIONER
(SH. KUSH SHARMA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH,
THROUGH PRINCIPAL SECRETARY
(EDUCATION) TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA-2.
2. DIRECTOR ELEMENTARY EDUCATION,
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HIMACHAL PRADESH, LAL PANI,
SHIMLA-1.
3. DEPUTY DIRECTOR OF ELEMENTARY
.
EDUCATION, KANGRA AT DHARMSHALA,
DISTRICT KANGRA, HIMACHAL PRADESH.
4. MEENU BALA
WIFE OF SHRI RAVI KUMAR,
RESIDENT OF VILLAGE AND POST OFFICE
AND TEHSIL JAWALI, DISTRICT KANGRA
HIMACHAL PRADESH.
5. BANDNA DEVI
DAUGHTER OF SHRI PARSHOTAM CHAND,
RESIDENT OF VILLAGE PATTA JATTIAN,
POST OFFICE JAKHERA,
TEHSIL PATEHPUR, DISTRICT KANGRA,
HIMACHAL PRADESH.
6. NIRMALA DEVI
WIFE OF SHRI SURESH KUMAR,
RESIDENT OF VILLAGE DEOTHI,
POST OFFICE BAHADPUR,
TEHSIL INDORA, DISTRICT KANGRA,
HIMACHAL PRADESH.
7. DEEPIKA BANSAL
WIE OF SHRI ROOP LAL,
RESIDENT OF TEORA, POST OFFICE
BASANTPUR, TEHSIL INDORA,
DISTRICT KANGRA, HIMACHAL PRADESH.
8. AVINASH KUMARI,
WIFE OF KUSHAL KUMAR,
RESIDENT OF VILLAGE PATTA JATTIAN,
POST OFFICE JAKHERA, TEHSIL
FATEHPUR, DISTRICT KANGRA,
HIMACHAL PRADESH.
9. NARESH KUMARI
WIFE OF SHRI SANJEEV KUMAR,
RESIDENT OF VILLAGE MANGDIAL,
POST OFFICE CHHATTAR,
TEHSIL FATEHPUR, DISTRICT KANGRA
HIMACHAL PRADESH.
10. REENA DEVI
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WIFE OF SHRI RAJINDER SINGH,
RESIDENT OF VILLAGE AND POST OFFICE
CHALWARA, TEHSIL JAWALI,
DISTRICT KANGRA,
.
HIMACHAL PRADESH.
11. RAMAN PATYAL
SON OF LATE UDHO RAM,
AGED 39 YEARS, RESIDENT OF
VILLAGE MUTHAN BHULANA,
POST OFFICE KUTHERA,
TEHSIL AND DISTRICT HAMIRPUR
HIMACHAL PRADESH.
12. NAVDEEP KUMAR
SON OF SHRI BALI RAM, AGED 39 YEARS,
RESIDENT OF VILLAGE BHADOO,
PO GHARWASRA, TEHSIL DHARAMPUR
DISTRICT MANDI, HIMACHAL PRADESH.
13. PARDEEP KUMAR SHARMA,
SON OF SHRI PREM CHAND SHARMA
RESIDENT OF VILLAGE AND POST OFFICE
CHAKNOH, SHASTRI NAGAR
WARD NO.1, TEHSIL DHATWAL,
DISTRICT HAMIRPUR, HIMACHAL PRADESH.
14. NIDHI SHARMA
WIFE OF SHRI AMIT SHARMA
RESIDENT OF VILLAGE BOHAN,
POST OFFICE AND TEHSIL
JAWALAMUKHI, DISTRICT KANGRA
HIMACHAL PRADESH.
15. DHANVEER SINGH
SON OF SHRI BALWANT SINGH, AGED 35
YEARS RESIDENT OF VILLAGE BHOODRA
POST OFFICE KAULANWALA BHOOD,
TEHSIL NAHAN, DISTRICT SIRMOUR
HIMACHAL PRADESH.
16. VINAY KUMAR
SON OF NIHAL CHAND,
RESIDENT OF VILLAGE RAMOHI,
POST OFFICE DALASH, TEHSIL ANNI
DISTRICT KULLU, HIMACHAL PRADESH
17. NEETU BHANDARI
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WIFE OF RAJESH KUMAR, AGED 38 YEARS
RESIDENT OF VILLAGE GAUNA,
POST OFFICE KARAUR, TEHSIL NADAUN
DISTRICT HAMIRPUR, HIMACHAL PRADESH.
.
18. KRISHANA THAKUR
WIFE OF SHRI JEEVAN SINGH, AGED 36 YEARS
RESIDENT OF VILLAGE JHIRA,
POST OFFICE TOBA, TEHSIL SRI NAINA
DEVI JI, DISTRICT BILASPUR
HIMACHAL PRADESH
19. GHANSHYAM SINGH
SON OF SHRI SES RAM AGED 40 YEARS
RESIDENT OF VILLAGE NANDEN,
TEHSIL NIRMAND, DISTRICT KULLU
HIMACHAL PRADESH.
20. KULDEEP KUMAR
SON OF SHRI BAKSHI RAM AGED 34 YEARS,
RESIDENT OF VILLAGE AND POST OFFICE
CHALTHARA, TEHSIL SARKAGHAT,
DISTRICT MANDI, HIMACHAL PRADESH.
21. KAMAL KANT
SON OF SHRI RATTAN CHAND, AGED 34 YEARS
RESIDENT OF VILLAGE KATHETU,
POST OFFICE RAJPURA, TEHSIL AND
DISTRICT CHAMBA, HIMACHAL PRADESH.
22. SMRITI
WIFE OF SHRI CHOBE RAM,
AGED 39 YEARS, RESIDENT OF
VILLAGE AND POST OFFICE BAHU,
TEHSIL BANJAR, DISTRICT KULLU,
HIMACHAL PRADESH.
23. CHOBE RAM
SON OF SHRI DUNI CHAND RANA,
AGED 38 YEARS, RESIDENT OF VILLAGE
AND POST OFFICE BAHU, TEHSIL BANJAR
DISTRICT KULLU, HIMACHAL PRADESH.
24. PARKASH SINGH
SON OF SHRI MOLAK RAM, AGED 39 YEARS
RESIDENT OF VILLAGE CHET SOJHA
POST OFFICE CHEUNI, TEHSIL THUNAG,
DISTRICT MANDI, HIMACHAL PRADESH.
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25. INDRESH KUMARI
WIFE OF SHRI KULBIR SINGH
RESIDENT OF VIDYA NIWAS, H. NO. 119
.
WARD NO.2, NEAR GANDHI CHOWK,
TEHSIL AND DISTRICT HAMIRPUR
HIMACHAL PRADESH.
26. TRIPTA DEVI
DAUGHTER JAGDISH CHAND,
RESIDENT OF VILLAGE KAMKARI,
POST OFFICE DIDWIN, TEHSIL AND
DISTRICT HAMIRPUR, HIMACHAL PRADESH.
27. GUNJAN KUMARI
DAUGHTER OF MOTI SINGH AGED 39 YEARS,
RESIDENT OF VILLAGE AND POST OFFICE
NEHRA PUKHAR, TEHSIL DEHRA,
DISTRICT KANGRA, HIMACHAL PRADESH.
28. CHANDER PRABHA
WIFE OF SHRI VAINDER KUMAR,
AGED 42 YEARS, RESIDENT OF VILLAGE
BALIWALA, POST OFFICE RAJBAN VIA
SATAUN, TEHSIL PAONTA SAHIB,
DISTRICT SIRMOUR, HIMACHAL PRADESH.
....RESPONDENTS.
(MR. ASHOK SHARMA, A.G. MR.
RAJINDER DOGRA, SR. ADDL. A.G.,
MR. VINOD THAKUR, MR. SHIV PAL
MANHANS, MR. HEMANSHU
MISRA, ADDL. A.Gs AND MR.
BHUPINDER THAKUR, DY. A.G.,
FOR R-1 TO R-3, MR. SUNEEL
AWASTHI, ADVOCATE FOR R-4, R-5
TO R-10 AND MR. ASHWANI
KAUNDAL & MR. RAHUL THAKUR,
ADVOCATES FOR R-11 TO R-28)
CIVIL WRIT PETITION NO. 1052 OF 2021
Between:-
1. CHANDER SHEKHAR,
S/O SH. ARJUN SINGH,
R/O VILLAGE MUTHAN, P.O.
KUTHERA, TEHSIL & DISTT.
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HAMIRPUR, H.P.
2. REETA DEVI,
W/O SH. RAJESH DOAD,
.
R/O VILLAGE SHYAM NAGAR,
P.O. JHANIYARA, TEHSIL & DISTT.
HAMIRPUR, H.P.
3. ANUPAM SHARMA,
W/O SH. VED PRAKASH SHARMA
R/O VILLAGE SER, P.O. DHANOD,
TEHSIL & DISTRICT HAMIRPUR
H.P.
4. VIJAY KUMAR,
S/O SH. PARAS RAM
VPO JAHU, TEHSIL BHORANJ,
DISTRICT HAMIRPUR, H.P.
....PETITIONERS
(BY SH. KUSH SHARMA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH PRINCIPAL SECRETARY
(EDUCATION), SHIMLA-171002 (H.P.).
2. DIRECTOR OF ELEMENTARY EDUCATION
LALPANI, SHIMLA-171004, (H.P.).
3. DEPUTY DIRECTOR OF
ELEMENTARY EDUCATION HAMIRPUR,
DISTRICT HAMIRPUR (H.P.).
...RESPONDENTS
(MR. ASHOK SHARMA, A.G. MR.
RAJINDER DOGRA, SR. ADDL. A.G.,
MR. VINOD THAKUR, MR. SHIV PAL
MANHANS, MR. HEMANSHU
MISRA, ADDL. A.Gs AND MR.
BHUPINDER THAKUR, DY. A.G.)
CIVIL WRIT PETITION NO. 1053 OF 2021
Between:-
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1. BANDNA SHARMA
W/O SH. DINESH KUMAR DUTTA,
RESIDENT OF VILLAGE KAKRIANA,
TEHSIL & DISTRICT HAMIRPUR, H.P.
.
2. BABITA
W/O PAWAN KUMAR,
RESIDENT OF VILLAGE &
POST OFFICE PANJOT,
TEHSIL TAUNI DEVI (BAMSON)
DISTRICT HAMIRPUR, H.P.
3. PAWAN KUMAR,
S/O SH. DALIP SINGH,
RESIDENT OF VILLAGE &
POST OFFICE PANJOT,
TEHSIL TAUNI DEVI (BAMSON)
DISTRICT HAMIRPUR, H.P.
...PETITIONERS
( BY SH. VINOD THAKUR, ADVOCATE )
AND
1. STATE OF H.P.
THROUGH ITS SECRETARY (EDUCATION)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA-171002.
2. DIRECTOR OF ELEMENTARY EDUCATION,
HIMACHAL PRADESH LAL PANI SHIMLA-1.
3. DEPUTY DIRECTOR PRIMARY EDUCATION
HAMIRPUR, DISTRICT HAMIRPUR, H.P.
...RESPONDENTS
(MR. ASHOK SHARMA, A.G. MR.
RAJINDER DOGRA, SR. ADDL. A.G., MR.
VINOD THAKUR, MR. SHIV PAL
MANHANS, MR. HEMANSHU MISRA,
ADDL. A.Gs AND MR. BHUPINDER
THAKUR, DY. A.G.)
CIVIL WRIT PETITION NO. 1055 OF 2021
Between:-
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RAJNI DEVI,
W/O SH. DINESH THAKUR,
R/O KUDRAT BHWAN, FLOWERDALE,
CHATTA SHIMLA, DISTT. SHIMLA, H.P.
.
....PETITIONER
( BY SH. KUSH SHARMA, ADVOCATE )
AND
1. STATE OF HIMACHAL PRADESH,
THROUGH PRINCIPAL SECRETARY
(EDUCATION), SHIMLA-171002, (H.P.).
2. DIRECTOR OF ELEMENTARY EDUCATION
DIRECTORATE OF ELEMENTARY
EDUCATION, LALPANI, SHIMLA-171004, (H.P.).
3.
DEPUTY DIRECTOR OF ELEMENTARY
EDUCATION SHIMLA, CHAURA MAIDAN,
DISTRICT SHIMLA, (H.P.).
...RESPONDENTS.
(MR. ASHOK SHARMA, A.G. MR.
RAJINDER DOGRA, SR. ADDL. A.G.,
MR. VINOD THAKUR, MR. SHIV PAL
MANHANS, MR. HEMANSHU MISRA,
ADDL. A.Gs AND MR. BHUPINDER
THAKUR, DY. A.G.)
CIVIL WRIT PETITION NO. 1079 OF 2021.
Between:-
1. RITA DEVI W/O SH. SURENDER KUMAR,
VILLAGE DHAR, P.O. RAKHOH, TEHSIL
SARKAGHAT,
DISTRICT MANDI, H.P.
2. PRIYANKA THAKUR W/O SH. SUNIL KUMAR,
VILLAGE HARLOT, PO. BASANTPUR,
TEHSIL SARKAGHAT, DISTT. MANDI, H.P.
3. PAWAN KUMAR S/O SH. BALA RAM
VILLAGE KAUHAN, P.O. SAJAOPIPLU
TEHSIL DHARAMPUR, DISTT. MANDI, H.P.
4. KRISHNA SHARMA W/O SH. PAWAN KUMAR
VILLAGE KAUHAN, P.O. SAJAOPIPLU,
TEHSIL DHARAMPUR, DISTT. MANDI,H.P.
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....PETITIONERS
(BY MR. VISHWA BHUSHAN & MR. GURMEET
BHARDWAJ, ADVOCATES)
.
AND
1. STATE OF HIMACHAL PRADESH, THROUGH
PRINCIPAL SECRETARY (EDUCATION)
SHIMLA -171002 (H.P.)
2. DIRECTOR OF ELEMENTARY EDUCATION,
DIRECTORATE OF ELEMENTARY EDUCATION,
LALPANI, SHIMLA - 171004 (H.P.)
3. DEPUTY DIRECTOR OF ELEMENTARY
EDUCATION UNA, DISTRICT UNA, H.P.
..RESPONDENTS
(MR. ASHOK SHARMA, A.G. MR.
RAJINDER DOGRA, SR. ADDL. A.G.,
MR. VINOD THAKUR, MR. SHIV PAL
MANHANS, MR. HEMANSHU MISRA,
ADDL. A.Gs AND MR. BHUPINDER
THAKUR, DY. A.G.)
CIVIL WRIT PETITION NO. 1097 OF 2021.
Between:-
RAJIV KUMAR SON OF SH. ARJUN SINGH,
AGED ABOUT 43 YEARS, RESIDENT OF
HOUSE NO. 419, WARD NO. 1, ANU,
HAMIRPUR, DISTRICT HAMIRPUR, H.P.
....PETITIONER
(BY MR. KUL BHUSHAN KHAJURIA, ADVOCATE)
AND
1 STATE OF HIMACHAL PRADESH, THROUGH
PRINCIPAL SECRETARY (EDUCATION) TO THE
GOVERNMENT OF HIMACHAL PRADESH,
SHIMLA-2, H.P.
2. DIRECTOR OF ELEMENTARY EDUCATION,
SHIMLA, DISTRICT SHIMLA.
3. DEPUTY DIRECTOR OF ELEMENTARY
EDUCATION, HAMIRPUR, DISTRICT
HAMIRPUR, H.P.
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..RESPONDENTS
(MR. ASHOK SHARMA, A.G. MR.
RAJINDER DOGRA, SR. ADDL. A.G.,
.
MR. VINOD THAKUR, MR. SHIV PAL
MANHANS, MR. HEMANSHU MISRA,
ADDL. A.Gs AND MR. BHUPINDER
THAKUR, DY. A.G.)
CIVIL WRIT PETITION NO. 1136 OF 2021.
Between:-
SEEMA DEVI D/O SH. MUNSHI RAM JASWAL,
R/O VILLAGE KARED DHADWAN,
POST OFFICE DHADWAN, TEHSIL
BALDWARA, DISTRICT MANDI, H.P.
r ....PETITIONER
(BY MR. TARUN K. SHARMA, ADVOCATE.)
AND
1 STATE OF HIMACHAL PRADESH, THROUGH ITS
SECRETARY (EDUCATION) TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA, H.P.
2 THE DIRECTOR, ELEMENTARY EDUCATION,
GOVERNMENT OF HIMACHAL PRADESH,
SHIMLA, H.P.
3 THE DEPUTY DIRECTOR, ELEMENTARY
EDUCATION, HAMIRPUR,
DISTRICT HAMIRPUR, H.P.
4. THE DEPUTY DIRECTOR,
ELEMENTARY EDUCATION, MANDI,
DISTRICT MANDI, H.P.
5. THE DEPUTY DIRECTOR,
ELEMENTARY EDUCATION, BILASPUR,
DISTRICT BILASPUR, H.P.
6. ALL OTHER DEPUTY DIRECTORS
OF ELEMENTARY EDUCATION
OF OTHER DISTRICTS IN
STATE OF HIMACHAL PRADESH
THROUGH RESPONDENT NO.2/
DIRECTOR, ELEMENTARY EDUCATION,
HIMACHAL PRADESH
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..RESPONDENTS
(MR. ASHOK SHARMA, A.G. MR.
RAJINDER DOGRA, SR. ADDL. A.G.,
.
MR. VINOD THAKUR, MR. SHIV PAL
MANHANS, MR. HEMANSHU MISRA,
ADDL. A.Gs AND MR. BHUPINDER
THAKUR, DY. A.G.)
CIVIL WRIT PETITION NO. 1204 OF 2021.
Between:-
1 POONAM KUMARI, W/O SH. PAWAN KUMAR,
R/O VILLAGE & POST OFFICE SHORSHAN,
TEHSIL KARSOG & DISTRICT MANDI. H.P.
2 RAJNEESH SHARMA S/O
SH. RAM KRISHAN R/O V.P.O.
& TEHSIL JASWANKOTLA,
DISTRICT KANGRA, H.P.
3 SUNITA KUMARI, W/O
SH. RAJNEESH SHARMA,
R/O V.P.O. & TEHSIL JASWANKOTLA,
DISTRICT KANGRA, H.P.
4 MALTI THAKUR D/O LATE SH.
ROSHAN LAL, W/O MUNISH KUMAR,
R/O VILLAGE NOHAN, P.O.
SAPOURI, TEHSIL AMB,
DISTRICT UNA, H.P.
5 ALKA SHARMA D/O
SH. KUNDAN LAL, W/O SANJEEV KUMAR,
R/O VILLAGE & P.O. SUHIN,
TEHSIL, AMB, DISTRICT UNA H.P.
6 KANCHAN KUMARI W/O
SH. ASHWANI KUMAR,
R/O VILLAGE GANDIWARKHAS,
TEHSIL, KHUNDIAN,
DISTRICT KANGRA, H.P.
7 DEEPIKA, D/O SHRI VIJAY KUMAR,
RESIDENT OF VILLAGE SAFORI,
POST OFFICE DHAMETA,
TEHSIL FATEHPUR, DISTRICT
KANGRA, H.P.
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8 ANJU KUMARI, D/O SH.
SOHAN SINGH PATIAL,
W/O SH. YASHVIR SINGH
.
V.P.O. JADDU, TEHSIL JHANDUTTA,
DISTRICT BILASPUR,H.P.
....PETITIONERS
(BY MR. KUSH SHARMA, MS.SHREYA CHAUHAN &
MR. BHUPENDER SHARMA, ADVOCATES.)
AND
1 STATE OF HIMACHAL PRADESH,
THROUGH PRINCIPAL SECRETARY
(EDUCATION) SHIMLA -171002 (H.P.)
2 DIRECTOR OF ELEMENTARY EDUCATION,
DIRECTORATE OF ELEMENTARY EDUCATION,
LALPANI, SHIMLA - 171004 (H.P.)
3 DEPUTY DIRECTOR OF ELEMENTARY
EDUCATION, SOLAN,
DISTRICT SOLAN, H.P.
4 DEPUTY DIRECTOR OF
ELEMENTARY EDUCATION,
MANDI, DISTRICT MANDI, H.P.
5 DEPUTY DIRECTOR
ELEMENTARY EDUCATION,
KANGRA, AT DHARAMSHALA,
DISTRICT KANGRA, H.P.
6 DEPUTY DIRECTOR
DIRECTOR OF ELEMENTARY
EDUCATION,HAMIRPUR,
DISTRICT HAMIRPUR, H.P.
7 DEPUTY DIRECTOR
OF ELEMENTARY EDUCATION,
UNA, DISTRICT UNA, H.P.
..RESPONDENTS
(MR. ASHOK SHARMA, A.G. MR.
RAJINDER DOGRA, SR. ADDL. A.G.,
MR. VINOD THAKUR, MR. SHIV PAL
MANHANS, MR. HEMANSHU MISRA,
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ADDL. A.Gs AND MR. BHUPINDER
THAKUR, DY. A.G.)
CIVIL WRIT PETITION NO. 1212 OF 2021.
.
Between:-
1 ARTI W/O SH. SANJEEV KUMAR,
AGED 40 YEARS, R,O VILLAGE KOT,
P.O. TIHRA, TEHSIL DHARAMPUR,
DISTRICT MANDI H.P
2 SHIVANI KAUSHAL
W/O SH. RITESH BISHT,
AGED 39 YEARS, R/O HOUSE NO. 278/3,
JAIL ROAD, MANDI, H.P
....PETITIONERS
(BY MR. ADARSH K. VASHISTA , ADVOCATE.)
AND
1 STATE OF HIMACHAL PRADESH, THROUGH
PRINCIPAL SECRETARY (EDUCATION)
SHIMLA -171002 (H.P.)
2 DIRECTOR OF ELEMENTARY EDUCATION,
DIRECTORATE OF ELEMENTARY EDUCATION,
SHIMLA - 1.
3. DEPUTY DIRECTOR OF ELEMENTARY
EDUCATION,MANDI, DISTRICT MANDI.
..RESPONDENTS
(MR. ASHOK SHARMA, A.G. MR.
RAJINDER DOGRA, SR. ADDL. A.G.,
MR. VINOD THAKUR, MR. SHIV PAL
MANHANS, MR. HEMANSHU MISRA,
ADDL. A.Gs AND MR. BHUPINDER
THAKUR, DY. A.G.)
CIVIL WRIT PETITION NO. 1221 OF 2021.
Between:-
UPASANA W/O SH. VIJAY SINGH THAKUR,
VILLAGE DODAR, P.O. RAKHOH, TEHSIL SARKAGHAT
DISTT. MANDI H.P. AGE 43 YEARS,
OCCUPATION UNEMPLOYED.
....PETITIONER
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(BY MR. VISHWA BHUSHAN & MR. GURMEET
BHARDWAJ, ADVOCATES.)
.
AND
1 STATE OF HIMACHAL PRADESH,
THROUGH PRINCIPAL SECRETARY
(EDUCATION) SHIMLA -171002 (H.P.)
2 DIRECTOR OF ELEMENTARY
EDUCATION, DIRECTORATE
OF ELEMENTARY EDUCATION,
LALPANI, SHIMLA - 171004 (H.P.)
3. DEPUTY DIRECTOR OF ELEMENTARY EDUCATION,
MANDI, DISTRICT MANDI, H.P.
..RESPONDENTS
(MR. ASHOK SHARMA, A.G. MR.
RAJINDER DOGRA, SR. ADDL. A.G.,
MR. VINOD THAKUR, MR. SHIV PAL
MANHANS, MR. HEMANSHU MISRA,
ADDL. A.Gs AND MR. BHUPINDER
THAKUR, DY. A.G.)
CIVIL WRIT PETITION NO. 1350 OF 2021.
Between:-
ANJU KUMARI
WIFE OF SH. PAWAN KUMAR,
AGED ABOUT 42 YEARS , RESIDENT OF VILLAGE
BADOTA, POST OFFICE LUHARWIN,
TEHSIL GHUMARWIN, DISTT. BILASPUR, H.P.
....PETITIONER
(BY MR. KUL BHUSHAN KHAJURIA, ADVOCATE.)
AND
1 STATE OF HIMACHAL PRADESH, THROUGH
PRINCIPAL SECRETARY (EDUCATION)
SHIMLA -171002 (H.P.)
2 DIRECTOR OF ELEMENTARY EDUCATION,
DIRECTORATE OF ELEMENTARY EDUCATION,
SHIMLA - 1.
3 DEPUTY DIRECTOR OF ELEMENTARY EDUCATION,
BILASPUR, DISTRICT BILASPUR, H.P.
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4 DEPUTY DIRECTOR OF ELEMENTARY EDUCATION
SOLAN, DISTRICT SOLAN. H. P.
..RESPONDENTS
.
(MR. ASHOK SHARMA, A.G. MR.
RAJINDER DOGRA, SR. ADDL. A.G.,
MR. VINOD THAKUR, MR. SHIV PAL
MANHANS, MR. HEMANSHU MISRA,
ADDL. A.Gs AND MR. BHUPINDER
THAKUR, DY. A.G.)
Reserved on: 12.11.2021
Decided on: 26.11.2021
________________________________________________________________________
These petitions coming on for orders this day, Hon'ble Mr.
Justice Satyen Vaidya, passed the following:
ORDER
All these writ petitions present two sets of claims for
adjudication. Such claims, though juxtaposed, involve common
questions of facts and law, therefore, are being decided together by a
common judgment. First set consists of claims in CWPOA No. 6251 of
2020 (OA 247 of 2019 filed before erstwhile H.P. State Administrative
Tribunal) along with CWP Nos. 426, 756, 1052, 1053, 1055, 1079,
1097, 1136, 1204, 1212, 1221 and 1350 of 2021 (for short, "first set")
and the Second set includes claims in CWPOA No. 132 of 2019 and
CWP No. 3197 of 2020 (for short, "second set").
2. Himachal Pradesh Staff Selection Commission (for short,
"HPSSC") issued advertisement dated 19.12.2018 (for short,
"advertisement") and thereby invited applications from eligible
candidates for selection to the posts of Junior Basic Teachers, Class-III,
Non-Gazetted (for short, "JBTs") in Elementary Education Department,
Government of Himachal Pradesh. The advertisement triggered the
.
dispute that primarily relates to necessary qualification for the post of
JBTs and as a consequence thereof all the above noted petitions came
to be filed.
3. The petitions in first set have been filed on the grounds that the
petitioners therein are either Science or Arts graduates with B.Ed. and
have also qualified prescribed Teachers Eligibility Test (for short,
'TET'). They have claimed that vide Notification dated 28.06.2018
National Council for Teachers Education (for short, "NCTE") has
enhanced the scope of eligible candidates for the post of JBT by
including candidates with B.Ed. therein subject however to the
condition they must have qualified TET and should also undergo six
months "Bridge Course" within two years from the date of their
appointment as JBT. As per petitioners therein, the Recruitment and
Promotion Rules for JBTs were framed by Government of Himachal
Pradesh in 2017 (for short, 2017 Rules") i.e. before issuance of NCTE
notification dated 28.6.2018 and thus the 2017 rules required
amendment or in alternative by necessary implication shall include the
additional qualification prescribed by NCTE notification. It is further
contended on their behalf that they were eligible for the post of JBT but
were wrongly and illegally precluded from participation in the
recruitment process initiated through the advertisement, as the
essential qualification prescribed in said advertisement did not include
prescription made by NCTE notification dated 28.6 2018.
.
4. To place the facts straight, it is being noticed that having failed
to obtain interim orders in the Original Application No. 247 of 2019,
petitioners therein had approached this Court by way of CWP No. 191
of 2019. This Court had decided the said petition on 18.01.2019 in
following terms: -
"3. Be that as it may, as the moot issue raised in the Original
Application, has to be at the first instance adjudicated by the
Tribunal, therefore, without making any observation on the
merit of the case, this writ petition is disposed of with the
direction that the petitioners be permitted to apply for the
post in issue provisionally subject to their fulfilling other
eligibility criteria contained in the Recruitment and Promotion
Rules except qualification. It is further clarified that this
direction shall not be construed as if this Court has found the
petitioners eligible for the post in issue. The same shall
depend upon the outcome of the Original Application to be
decided by the learned Tribunal. It is further clarified that
submission of the applications for the post by the petitioners,
shall not confer upon them any equity to claim the post in
issue, if the Tribunal decides the original application against
them. The writ petition stands disposed of in above terms, so
also pending miscellaneous application(s), if any."
5. The petitions forming second set, on the other hand, have been
filed on the hypothesis that the Government of Himachal Pradesh in
.
exercise of powers under Article 309 of the Constitution of India has
laid down 2017 Rules for the JBTs. The decision of NCTE to include the
category of graduates with B.Ed. to the list of eligible candidates, for
the post of JBT, vide its Notification dated 28.06.2018 is bad in law
being arbitrary, illegal, unreasonable, unfair, discriminatory and ultra
vires being violative of Article 14, 16 and 21 of the Constitution of
India. It has further been contended that the students for primary
classes (Classes I to V) require specialist teachers for which special
courses such as JBT course was prescribed. The curriculum of B.Ed.
course is totally different and is meant for the teachers for classes VI to
VIII. The decision of NCTE to include the graduates with B.Ed. to be
eligible for JBT was without any rationale and amounted to relaxation
of the eligibility conditions without the concurrence of the State
Government, which was in violation of Section 23(2) of RTE Act. It has
also been asserted that rights of a large number of candidates who
were otherwise eligible for the post of JBT as per 2017 Rules would be
prejudiced by the enlargement of the zone of eligible candidates. As
per petitioners therein, the impugned Notification would also be an
impediment in batch-wise selection of candidates for the post of JBT.
Hence, a prayer has been made to quash NCTE Notification dated
28.06.2018 and to direct official respondents to carry the recruitment
and selection process to the post of JBT, strictly in terms of 2017 Rules
and advertisement dated 19.12.2018 issued by HPSSC.
.
6. Thus, the core issue that arises for determination is, Whether the
recruitment/selection process initiated by the HPSSC vide advertisement
dated 19.12.2018 for the posts of JBT in the Department of Elementary
Education, Government of Himachal Pradesh strictly on the basis of 2017
Rules by ignoring the NCTE notification dated 28.06.2018 is sustainable?
7. We have heard learned counsel for parties and have also gone
through the records.
8.
Indisputably, NCTE notification has only enhanced the zone of
eligible candidates for post of JBTs without rendering already eligible
candidates including the petitioners in second set of petitions ineligible.
This being so, the right of such petitioners to file and maintain petitions in
second set becomes questionable.
9. It is settled that the prescription of qualification for selection to
particular post falls within the sole domain of the employer and the
recruitment/selection process cannot be made subject matter of
judicial review merely on the ground that the employer has changed/
amended the rule(s) after initiation of the process. Reference in this
regard can be made to para 9 of judgment passed by Hon'ble Supreme
Court in Maharashtra Public Service Commission Through Its
Secretary; Ashok Tukaram Barde Vs. Sandeep Shriram Warade
and Others; Suhas Sudhakarrao Lavhekar and Others Etc. Etc.,
(2019) 6 SCC 362, wherein it has held as under:
[9] The essential qualifications for appointment to a post are for
the employer to decide. The employer may prescribe additional
.
or desirable qualifications, including any grant of preference. It is
the employer who is best suited to decide the requirements a
candidate must possess according to the needs of the employer
and the nature of work. The court cannot lay down the conditions
of eligibility, much less can it delve into the issue with regard to
desirable qualifications being at par with the essential eligibility
by an interpretive re-writing of the advertisement. Questions of
equivalence will also fall outside the domain of judicial review. If
the language of the advertisement and the rules are clear, the
Court cannot sit in judgment over the same. If there is an
ambiguity in the advertisement or it is contrary to any rules or
law the matter has to go back to the appointing authority after
appropriate orders, to proceed in accordance with law. In no case
can the Court, in the garb of judicial review, sit in the chair of the
appointing authority to decide what is best for the employer and
interpret the conditions of the advertisement contrary to the
plain language of the same.
To similar effect is exposition made by Hon'ble Supreme Court in
State of Madhya Pradesh Vs. Raghuveer Singh Yadav, (1994) 6
SCC 151, which reads as under:
[5] It is not in dispute that Statutory Rules have been made
introducing Degree in Science or Engineering or Diploma in
Technology as qualifications for recruitment to the posts of
Inspector of Weights and Measures. It is settled law that the
.
State has got power to prescribe qualifications for recruitment.
Here is a case that pursuant to amended Rules, the government
has withdrawn the earlier notification and wants to proceed with
the recruitment afresh. It is not a case of any accrued right. The
candidates who had appeared for the examination and passed
the written examination had only legitimate expectation to be
considered of their claims according to the rules then in vogue.
The amended Rules have only prospective operation. The
government is entitled to conduct selection in accordance with
the changed rules and make final recruitment. Obviously, no
candidate acquired any vested right against the State. Therefore,
the State is entitled to withdraw the notification by which it had
previously notified recruitment and to issue fresh notification in
that regard on the basis of the amended Rules.
10. Adverting to the facts of the case, noticeably, the State of
Himachal Pradesh does not have any legislation of its own prescribing
qualifications for teachers. 2017 Rules hold the field in the state
prescribing qualifications for the post of JBT and said rules derive their
source from proviso to Article 309 of the Constitution of India.
11. NCTE was established by the Central Act named the 'National
Council for Teachers Education Act, 1993, (for short, "NCTE Act") which
came into force w.e.f. 29.12.1993. The main object of the
establishment of NCTE was to achieve planned and coordinated
development of the Teacher Education system throughout the country,
.
the regulations and proper maintenance of norms and standards in the
Teacher's Education system (including qualifications of school
Teachers) and for matters connected therewith.
12. Another Central legislation "Right of Children to Free and
Compulsory Education Act, 2009" (for short, "RTE Act") came into force
w.e.f. 26th August, 2009. Section 23 (1) of the RTE Act read as under: -
23. Qualifications for appointment and terms and
conditions of service of teachers. --(1) Any person
possessing such minimum qualifications, as laid down by an
academic authority, authorised by the Central Government,
by notification, shall be eligible for appointment as a teacher.
This provision mandated only such persons to be eligible for
appointment as teacher who possess such minimum qualification as
laid down by an academic authority authorized by the Central
Government by Notification in this behalf. The Central Government
vide Notification dated 31.03.2010 authorized NCTE as academic
authority, under Section 23(1) of the RTE Act, to lay down the
minimum qualification for a person to be eligible for appointment as
Teacher.
13. An amendment was carried in the NCTE Act in 2011 as a result
thereof, Section 12-A was added in the following terms: -
"12A. Power of Council to determine minimum
standards of education of school teachers.--For the
.
purpose of maintaining standards of education in schools, the
Council may, by regulations, determine the qualifications of
persons for being recruited as teachers in any pre-primary,
primary, upper primary, secondary, senior secondary or
intermediate school or college, by whatever name called,
established, run, aided or recognised by the Central
Government or a State Government or a local or other
authority:
Provided that nothing in this section shall
adversely affect the continuance of any person recruited in
any pre-primary, primary, upper primary, secondary, senior
secondary or intermediate schools or colleges, under any
rule, regulation or order made by the Central Government, a
State Government, a local or other authority, immediately
before the commencement of the National Council for
Teacher Education(Amendment)Act,2011 (18 of 2011) solely
on the ground of non-fulfillment of such qualifications as may
be specified by the Council: Provided further that the
minimum qualifications of a teacher referred to in the first
proviso shall be acquired within the period specified in this
Act or under the Right of Children to Free and Compulsory
Education Act, 2009 (35 of 2009)."
Thus, by inclusion of aforesaid provision, NCTE was vested with
powers to determine the qualification of persons for being recruited as
.
teachers in any pre-primary, primary, upper-primary, Secondary,
Senior Secondary or intermediate school or college, established, run,
aided or recognized by the Central Government or State Government
or a local or other authority, by regulations for the purpose of
maintaining standards of education in schools.
14. NCTE vide Notification dated 23.08.2010, in exercise of powers
under Sub-Section (1) of Section 23 of the RTE Act prescribed minimum
qualifications for a person to be eligible for appointment as teacher,
including teachers in Class I to V in a school referred to in Clause (n) of
Section 2 of RTE Act. The qualifications so prescribed came to be
amended from time to time and one such amendment was carried vide
impugned notification dated 28.6.2018, as noticed above, whereby
candidates with B.Ed. have also been made eligible for the post of JBT.
15. The issue as to legality, efficacy and prevalence of notification
dated 28.6.2018 issued by NCTE is no more res-integra after the
judgment passed by Hon'ble Supreme Court in Ram Sharan Maurya
and others vs. State of U.P. and others, AIR 2021 SC 954.
Hon'ble Supreme Court while dealing with the powers & jurisdiction of
NCTE vis-a-vis Notification dated 28.06.2018 has been pleased to hold
as under:
"38.4 It is thus clear that for maintaining standards of education
in schools, the NCTE is now specifically empowered to determine
the qualifications of persons for being recruited as teachers in
schools or colleges. In addition to regulating standards in
.
"teacher education system", the NCTE Act now deals with
regulation and proper maintenance of norms and standards in
respect of qualifications of persons to be recruited as teachers.
By Notification dated 31.03.2010, the Central Government, in
exercise of powers conferred under Section 23 of the RTE Act
authorised the NCTE as an "Academic Authority" to lay down the
minimum qualifications for a person to be eligible for
appointment as a teacher.
40. The Notification dated 28.06.2018 issued by the NCTE was in
exercise of power so conferred upon it by virtue of the
Notification dated 31.03.2010. In terms of the Notification dated
28.06.2018, the qualification of 'Bachelor of Education' from any
NCTE recognised institution shall now be a valid qualification for
appointment as a teacher in classes I to V provided the person so
appointed as a teacher mandatorily undergoes six months'
Bridge Course in elementary education within two years of such
appointment.
41. Going by the Parliamentary intent in empowering NCTE
under the provisions of the NCTE Act and specific authorization in
favour of NCTE under said Notification dated 31.03.2010, the
authority of NCTE is beyond any doubt. Though there is no
specific regulation as contemplated under Section 32 read with
Sections 12 and 12A of the NCTE Act, for the present purposes
by virtue of the specific authorization under the Notification
dated 31.03.2010, NCTE was entitled to lay down that those
holding the qualification of 'Bachelor of Education' as detailed in
.
said Notification are entitled to be appointed as teachers for
classes I to V. Such prescription on part of the NCTE would be
binding. It is for this reason that G.O. dated 01.12.2018 notifying
ATRE-2019 clearly stated that the candidates possessing
minimum qualifications specified in Notifications issued by the
NCTE including one dated 28.06.2018 were entitled to participate
in ATRE-2019.
43. The Notification dated 28.06.2018 being binding on the State
Government, the statutory regime put in place by the State has
to be read in conformity with said Notification. The eligibility or
entitlement being already conferred by Notification dated
28.06.2018, the amendments to 1981 Rules were effected only
to make the statutory regime consistent with the directives
issued by the NCTE. The right or eligibility was not conferred by
amendments effected to 1981 Rules for the first time and
therefore the element of retrospectivity present in the concerned
amendments has to be read in that perspective. The intent
behind those amendments was not to create a right for the first
time with retrospective effect but was only to effectuate the
statutory regime in tune or accord with NCTE directives.
Theoretically, even if such statutory regime was not made so
consistent, the concerned candidates holding B.Ed. degrees
could still be eligible and could not have been denied
candidature for ATRE- 2019.
16. There also is no challenge in second set of petitions to the power
vested in NCTE, by Section 12-A of NCTE Act and under Section 23(1)
.
of RTE Act, to prescribe minimum qualification for the teachers. This
being so, the Notification issued by the NCTE prescribing qualifications
for the teachers of Class I to V has to be read as mandatory
prescription of valid law. Education being subject of concurrent list in
schedule 7 of the Constitution of India, the prevalence of Central Act
shall remain.
17. Thus, it is clear from above noted exposition of law that the
attempt of petitioners in second set of petitions to challenge the
prescription made by NCTE vide notification dated 28.6.2018 is a futile
exercise. These petitioners, in the facts and circumstances of the case,
cannot be heard to have acquired any vested right on the basis of
advertisement issued by HPSSC, as the said advertisement itself was
deficient in prescription of essential qualification mandated under law
and hence would deem to include such lawful prescription. Even
otherwise, the notification issued by NCTE prescribing graduation with
B.Ed. as one of the essential qualifications for JBT was prior in time to
the advertisement and on this account also petitioners in second set of
petitions do not have any right to assail the same.
18. Another ground raised in second set of petitions is that students
of Classes I to V require special kind of treatment and appropriate
teaching methods were taught only to the persons having undergone
two years specialized basic course in education techniques, which was
lacking in the case of candidates who had undergone B.Ed. course.
This contention, in our considered view, cannot be a subject of judicial
.
review for the reason that the Central Government in its wisdom has
constituted a body of experts for the specific purpose and this court
cannot sit in judicial review over the decision of expert body, especially
in absence of any material to prove arbitrariness in making of such
decision. The education techniques have to keep pace with ever
evolving society. Like all other progressive fields, the field of education
cannot remain static. We have been taken through a paper published
by the NCTE in 2009 titled "National Curriculum Framework for
Teacher Education" which clearly reveal that the need for the up-
gradation of teaching procedure was on higher agenda of concerned
authorities, therefore, it cannot be said that the qualification
prescribed by NCTE for appointment of Teachers is a mindless
exercise. In addition, nothing has been placed before us, which may
suggest even remotely that NCTE has either over-stepped its
jurisdiction or has made decisions which are not in the public interest.
19. It has also been contended against the Notification dated
28.06.2018 that it was in violation of Sub-section 2 of Section 23 of
RTE Act. To canvass this proposition, it has been argued that the
Central Government or NCTE were precluded from the exercising the
jurisdiction under the above said provision without request being made
by the concerned State Government in that behalf. This argument
deserves to be rejected for the reason that the NCTE had exercised the
power under sub-section 1 of section 23 of the RTE Act for prescribing
qualification for teachers and sub-Section 2 of Section 23 was thus
.
inapplicable. It has further been argued in this regard that since the
prescription made through Notification dated 28.06.2018 amounted to
relaxation of qualification, therefore, the exercise of power by NCTE
was to be construed under Section 2 of Section 23 of RTE Act. This
assertion also deserves to be rejected. There are no plausible or
reasonable grounds to hold that mere enhancement in the field of
qualified candidates amounts to relaxation in qualification, rather in
our considered view, it amounts to enhancing the qualification for JBT
with the purpose to boost the efficiency. For the same reasons as
detailed above, we do not find any substance in the contention that
inclusion of category prescribed by the Notification dated 28.06.2018
makes ineligible persons eligible.
20. In view of the above discussion it is held that the Notification
dated 28.06.2018 issued by NCTE is binding on Elementary Education
Department of the Government of Himachal Pradesh as also the
HPSSC. Hence, the recruitment process initiated by the HPSSC through
advertisement dated 19.12.2018 for the post of JBTs without inclusion
of the category prescribed vide Notification dated 28.06.2018 of NCTE
is bad in law being violative of Article 14 and 16 of the Constitution of
India. The HPSSC is directed to complete the recruitment process for
the post of JBTs initiated in pursuance to advertisement dated
19.12.2018 by considering the candidates with qualifications
prescribed vide NCTE notification dated 28.06.2018 eligible in addition
to the already eligible candidates. The Government of Himachal
.
Pradesh, Elementary Education Department is also directed to amend
2017 rules accordingly to avoid any misgiving in future.
21. All the petitions are accordingly disposed of in the aforesaid
terms, so also the pending application(s), if any.
(Tarlok Singh Chauhan)
Judge
November 26, 2021
r (Satyen Vaidya)
(naveen) Judge
