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2025 DAILYLAW 12817 (HP)

DEVI DHAR v. THE STATE OF HP AND OTHERS

CWP/6973/2025 · 2025-05-15

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:14165 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 6973 of 2025 Decided on: 15.05.2025 Devi Dhar … Petitioner Versus State of H.P. & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Mr. Naresh Sharma, Advocate. For the respondents : Mr. Rahul Thakur, Deputy Advocate General, for respondents No.1 and 2-State. Mr. Chander Shekhar Thakur, Advocate, for respondent No.3. Ajay Mohan Goel, Judge (Oral) Learned By way of this petition, the petitioner has prayed for the following reliefs:- “A. The Petitioner prays that the condition No.3 (Six months training of teaching in cross disability area in inclusive education) imposed by Respondent No.3 for Teachers Eligibility Test (TET) in prospectus may kindly be quashed and set aside. B. The respondent No.3 may kindly be directed to permit the petitioner to appear in the TET Examination.” 2. When the matter was listed on 30.04.2025, the following order was passed:- 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:14165 “The petitioner is aggrieved by a condition mentioned in the prospectus by the H.P. Board of School Evacuation (Annexure P-3), dealing with the Guidelines and Processing of Online Application Form for H.P. Teacher Eligibility Test, which is to be held in the month of June, 2025 and the last date for submission of Online applications for which is today, i.e. 30.04.2025, till 11:59 p.m., which condition as per the petitioner is not as per the concerned Recruitment & Promotion Rules (Annexure P-1). Learned counsel appearing for respondent No.3 was directed by this Court on 28.04.2025 to have instructions in the matter in the light of the fact that the last date for submission of Online application was today itself. Learned counsel submits that he was not able to gain instructions, for the reason that the officer concerned is under transfer. In the light of this fact, as an interim, it is ordered that the petitioner is hereby permitted to submit his Online application, which shall be accepted by respondent No.3, but this Online submission of the application shall not confer any equity in favour of the petitioner and the same shall abide by the final outcome of the writ petition. Now, list on 15.05.2025. Reply by the respondents be filed in the meanwhile. Learned counsel for respondent No.3 has 3 2025:HHC:14165 noted down the gist of the order passed by the Court and he undertakes to intimate respondent No.3 of the same and respondent No.3 shall allow the petitioner to upload the Online application without insisting upon the presentation of this order that has been passed by the Court.” 3. Today, learned counsel for the respondent-Board has apprised the Court that the Notification has been issued by the Board on 02.05.2025, in terms whereof, the offending clause has been removed from the prospectus. Learned counsel for the respondent-Board further submitted that now the candidature of the petitioner shall be deemed to be that of candidate who is qualified to participate in the test. 4. In the light of these developments, this petition is closed with the observation that the application which has been filled by the petitioner to participate in the Teacher Eligibility Test be construed as an application filed by an eligible candidate and the same be taken to its logical conclusion on the basis of the proficiency of the petitioner in the test to be conducted. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge May 15, 2025 (Rishi)