Himachal Pradesh High Court
Decided On: 06.01.2025 vs State Of Himachal Pradesh & Others on 6 January, 2025
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
2024:HHC:16968-DB
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 105 of 2023
Decided on: 06.01.2025
Smt. Meena Kumari & others ... Petitioners
Versus
State of Himachal Pradesh & others ... Respondents
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1 YES
____________________________________________________ _
For the petitioners : Mr. Nitin Thakur, Advocate.
For the respondents : Mr. Pushpinder Jaswal, Additional
Advocate General.
Ajay Mohan Goel, Judge (Oral)
By way of this Writ Petition, the petitioners have, inter
alia, prayed for the following reliefs:-
"I) Issue a Writ of mandamus directing the respondents to
appoint the Petitioners as Language Teachers by treating
their batch from the date they possessed B.A. Degree;
and/ or
II) Issue a writ of certiorari quashing and setting aside the
impugned amendment of treating the batch for recruitment
after 2013 from the date the aspirants/ Petitioners
acquired their B.Ed; and/or
III) Issue a writ of certiorari quashing and setting aside
rejection order dated 18.01.2022 passe3d by
respondents; and/or
IV) Issue a writ of mandamus directing the respondents to
produce the entire record; and/or"
2. The case of the petitioners is that they are un-employed
Whether reporters of the local papers may be allowed to see the judgment?
2024:HHC:16968-DB
and fully eligible to be appointed as Language Teachers. They fulfill
the requisite criteria for appointment against the post in question in
terms of the Recruitment & Promotion Rules. The petitioners have
done their Graduation with more than 50% marks in Hindi as an
elective subject and they have also acquired the essential
qualification of B.Ed and have also passed the mandatory Teachers
Eligibility Test. The dates of acquiring of the qualification by the
petitioners are spelled out in Para-4 of the Writ Petition. According to
the petitioners, earlier for the purpose of batch-wise recruitment, the
eligibility was ascertained from the date when the candidates
acquired the qualification of Graduation. However, vide Notification
dated 16.11.2023, vide which the Himachal Pradesh Elementary
Education Department, Class-III (Non-Gazetted) Recruitment &
Promotion Rules, 2009 have been amended, Note-I and Note-2,
have been introduced by way of amendment and in terms thereof,
the existing provisions of Column-7 of the Recruitment & Promotion
Rules have been substituted, inter alia, to the following effect:-
"Note (I): For batch wise recruitment to be made up to
31.3.2014, the batch would be reckoned from the date of
issuance of original certificate of B.A. with Hindi as
elective subject/ B.A. after Prabhakar by passing English
and additional subject/M.A. Hindi, on the basis of which
eligibility of the candidate is reckoned.
ii) For batch wise recruitment to be made after 3.1.32014,
the batch would be reckoned from the date of issuance of
2024:HHC:16968-DB
original certificate of Bachlor of Education (B.Ed.)."
3. Learned counsel for the petitioners has argued that
before the introduction of the impugned amendment, the batch for
the purpose of recruitment to the Language Teacher was reckoned
from the date of issuance of the original certificate of the Graduation
Degree qua the candidates who had done Graduation in Hindi as an
elective subject. However, in terms of the impugned amendment,
dated 16.11.2013, all the recruitments which are to be effected after
31.03.2014 on batch-wise basis, will be by treating the batch to be
reckoned from the date of issuance of original certificate of Bachelor
of Education (B.Ed.).
4. According to learned counsel, this cut-off date is
arbitrary and the classification which has been made to reckon the
qualification post 31.03.2024 on the basis of the date of issuance of
the original certificate of B.Ed., Degree, is violative of Article 14 of
the Constitution of India, as it is neither based on any intelligible
differentia nor the classification has a reasonable nexus with the
objective to be achieved, i.e. appointment of Teachers against the
post of Language Teacher. He further submitted that as the
amendment otherwise also is in derogation of the law declared by
the Hon'ble Supreme Court of India in Civil Appeal No.5068 of 2023,
titled as Devesh Sharma Versus Union of India and others, decided on
11.08.2023, therefore also, the present petition deserves to be
2024:HHC:16968-DB
allowed, as prayed for. He has accordingly prayed for quashing of the
impugned Notification, as well as the quashing of rejection order
dated 18.01.2022 passed by the Authority. No other point was urged.
5. On the other hand, learned Additional Advocate General
has defended the Notification dated 16.11.2013. He submitted that
in terms of the amendments which were incorporated in the year
2013, the posts are now filled up on batch-wise basis by reckoning
the batch from the date of passing of B.Ed. instead of Graduation.
Learned Additional Advocate General further submitted that the
Rules are in vogue since the year 2013 and thereafter, recruitment
on batch-wise basis has been made strictly as per these Rules. He
argued that the criteria of selection is justified in law because it is
the Graduation Degree alongwith B.Ed. Degree, which renders a
candidate eligible for appointment against the post of Language
Teacher and therefore, there is no infirmity in the impugned
Notification and the impugned order passed by the Authority.
Learned Additional Advocate General also submitted that earlier
eligibility was being assessed from the date of passing of Graduation,
but it was realized that as it was the Degree of B.Ed. alongwith
Graduation, which rendered a candidate eligible for appointment as
a Language Teacher, therefore, necessary amendment was
incorporated in the Rules, so that it was the acquisition of the
complete qualification which rendered a candidate eligible even for
2024:HHC:16968-DB
the purpose of reckoning the batch in issue. He further submitted
that as the Notification of the year 2013 does not violates Article 14
of the Constitution of India and further as the employer has the
prerogative of carrying out necessary amendments in the
Recruitment & Promotion Rules, therefore, as there is no merit in
the present petition, the same be dismissed.
6. I have heard learned counsel for the parties and have
also carefully gone through the pleadings as well as documents
appended therewith and also the judgment of Hon'ble Supreme of
India relied upon by learned counsel for the petitioners.
7. The moot issue for the purpose of adjudication of this
Court is as to whether the amendment incorporated in the
Recruitment & Promotion Rules, in terms whereof, for batch-wise
recruitment to be made after 31.03.2024, the batch would be
reckoned from the date of issuance of original certificate of Bachelor
of Education Degree is valid in law or not.
8. The appointment in terms of the impugned Rules is for
the post of Language Teacher, which is a Class-III (Non-Gazetted)
post. The essential qualifications prescribed for appointment are as
under:-
" (a) Essential Qualification:
i) B.A. with Hindi as an elective subject and 2-year
Diploma in Elementary Education (by whatever name
2024:HHC:16968-DB
known)
OR
BA with atleast 50% marks with Hindi as an elective
subject and I-year Bachelor in Education (B.Ed.)
OR BA with at least 45% marks with Hindi as an elective
subject and 1 year Bachelor in Education (D.Bd) in
accordance with the NCTE (Recognition Norms &
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.
Or
Prabhakar (Honours in Hindi) with 50% marks 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 Bache or in Education (B.Ed.)
AND
ii) Pass in Teacher Eligibility Test (ТЕГ 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."
9. Thus, in terms of the essential qualifications, it is the
Graduation Degree with Hindi as an elective subject and two year
2024:HHC:16968-DB
diploma in Elementary Education or Graduation with at least 50%
marks in Hindi as an elective subject and one year Bachelor in
Education Degree or B.A. with 45% marks with Hindi as an elective
subject and one year Bachelor in Education in accordance with
NCTE Regulations or B.A. with 50% marks in Hindi as an elective
subject and one year B.Ed. special education or Prabhakar
(Honours) in Hindi with 50% marks followed by B.A. examination
with English as an additional subject with 50% marks and one year
B.Ed. of M.A. (Hindi) with at least 50% marks from a recognised
university and B.Ed. and passing Teacher Eligibility Test (Language
Teacher), duly conducted by H.P. Board of School Education,
Dharamshala, which renders a candidate eligible for the post of
Language Teacher.
10. Degree of Graduation or Post Graduation without the
Diploma in Elementary Education or B.Ed. Degree is of no
assistance to an aspiring candidate and until and unless, such a
candidate acquires the qualification of Diploma in Elementary
Education or B.Ed., as the case may be, as is in the present case, he
or she is not eligible for appointment.
11. Incidently, a Graduation Degree though may render a
candidate eligible to apply for many posts from the post of a Clerk to
State or Union Administrative Services, but simple Graduation does
not renders candidate eligible to apply for the post of Language
2024:HHC:16968-DB
Teacher. For this, the candidate gains eligibility only alongwith
Graduation or Post Graduation, as the case may be, the candidate
also acquires the B.Ed. Degree.
12. Thus, it is the Graduation/Post Graduation, coupled
with B.Ed. Degree which renders a candidate eligible for promotion.
It is only when both these Degrees are in possession of a candidate
that he is eligible to apply for the post in issue.
13. That being the case, this Court does not finds any
infirmity in the amendment that has been incorporated which is
under challenge, in terms whereof, after 31.03.2014, for the batch-
wise recruitment, the batch is to be reckoned from the date of
issuance of original certificate of B.Ed.
14. In fact, in the considered view of this Court, this
amendment does not infringes Article 14 of the Constitution of India.
The classification which is made between a simple graduate and a
graduate with B.Ed. Degree for the purpose of determining the batch
by construing the same from the date of issuance of original B.Ed.
Degree is based on an intelligible differentia as a simple graduate is
not eligible to apply for a Language Teacher, whereas a graduate with
B.Ed. Degree is eligible and this intelligible differential has a nexus
with the object and the same is that as it is the combination of these
two Degrees which renders a candidate eligible for promotion, then
obviously eligibility for batch-wise recruitment has to be construed
2024:HHC:16968-DB
as from the date when the candidates gain both the Degrees to
render them or her eligible to be considered for the post.
15. As far as the judgment of the Hon'ble Supreme Court of
India in Devesh Sharma Versus Union of India and others (supra),
being relied upon by learned counsel for the petitioners is concerned,
this Court is of the considered view that the same is of no assistance
to the petitioners in the present case. The factual controversy
involved before Hon'ble Supreme Court was completely different from
that in the present case. This is apparent from the reading of the
judgment of the Hon'ble Supreme Court. Before proceeding further it
is pertinent to mention here that in this petition, there is no
challenge to the essential qualifications as are contained in the
Recruitment & Promotion rules, in terms whereof, a graduate
becomes eligible for appointment only after the acquisition of the
B.Ed. Degrees. On the other hand, the issue before Hon'ble Supreme
Court was whether NCTE was justified in including B.Ed.
qualification as an equivalent and essential qualification for
appointment to the post of Primary School Teacher (Level-1). The
answer to the issue by Hon'ble Supreme Court was in the backdrop
of the said moot issue, in the light of the provisions of the Right to
Education Act, 2009 as well as the National Council for Teacher
Education Act. This issue neither was before Hon'ble Supreme
Court, nor it has been answered as to whether a candidate aspiring
2024:HHC:16968-DB
for the post of Language Teacher on batch-wise basis becomes
eligible on the acquisition of Graduation Degree only or after he
acquires the essential qualifications of Graduation as well as B.Ed.
Degree to reckon the batch.
16. On the other hand, this Court had an occasion to deal
with a similar preposition if not the same in CWP No.10055 of 2023,
titled Kiran Mai Versus State of Himachal Pradesh and others,
decided on 05.12.2024. In the said Writ Petition, the issue was that
the petitioner therein did her Graduation from Punjab University in
the year 1994, but she did not obtain 45% marks therein.
Thereafter, she obtained her one year Bachelor Degree, one year
B.Ed. Degree in the year 1996. However, as the petitioner was not
having 45% marks in Graduation, she was not eligible to apply for
the post of Language Teacher after she had done her B.Ed. The
petitioner therein completed her Post Graduation in Hindi in the year
2017 with 50% marks and thereafter, she approached the Court
with the prayer that respondents be directed to construe her batch
as from the date of passing the B.Ed. that is the year 1996 in terms
of the 2013 amendment. While negating the contention of the
petitioner, this Court held that as the petitioner in fact became
eligible to be considered for appointment as a Language Teacher only
after she did her M.A. with 50% marks and that too, in the year
2017, her batch had to be construed from the said date i.e. the date
2024:HHC:16968-DB
when she gained eligibility and the Rules cannot be read in a myopic
manner by ignoring the fact that the basic qualification of Post
Graduation in Hindi with 50% marks was acquired by her only in
the year 2017.
17. Coming back to the facts of this case, herein this Court
again reiterates that, as it is the fulfillment of the essential
qualification in toto which renders a candidate eligible to be
considered for appointment against the post of Language Teacher,
which essentially includes the acquisition of B.Ed Degree also, the
contention of the petitioners in this case cannot be accepted and in
the backdrop of the above discussion, as this Court does not find
any merit in the present petition, the same is dismissed. Pending
miscellaneous applications, if any, also stand disposed of.
(Ajay Mohan Goel)
Judge
January 06, 2025
(Rishi)
