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Himachal Pradesh High Court · body

2025 DAILYLAW 3922 (HP)

Vivek Verma v. State of H. P.

2025-12-11

Sandeep Sharma

body2025
JUDGMENT : Sandeep Sharma, J. Petitioners herein, who are presently working as Teaching Associates at the State Institute of Hotel Management, Dharamshala (respondent No.2), are aggrieved on account of their non-regularisation in terms of the Policy of regularisation framed by the Government of Himachal Pradesh for contractual employees, at par with their counterparts, who were also appointed as Teaching Associates through a similar selection process at the State Institute of Hotel Management, Hamirpur (for short, ‘SIHM, Hamirpur’). 2. For having bird’s eye view, facts, as emerge from the pleadings adduced on record by the respective parties, relevant for adjudication of the case at hand are that Food Craft Institute, Dharamshala (for short, ‘FCI, Dharamshala’), which is affiliated to National Council for Hotel Management and Catering Technology, Noida (for short, ‘NCHMCT’) came into being in the year 2012 for providing Diplomas in Hotel Management. The Society was registered under the Cooperative Societies Act vide certificate of registration bearing No.156/2008 (Annexure P-1). Governing body of Society comprises of Secretary (Tourism), Additional Director General, Ministry of Tourism, Government of India, Finance Advisor, Ministry of Tourism, Government of India, Commissioner (Tourism & Civil Aviation), Himachal Pradesh, Deputy Commissioner, Kangra at Dharamshala, Director (Studies), NCHMCT and DTDO, Kangra at Dharamshala, Himachal Pradesh. With a view to run the Institute, Board of Governors of Society constituted a Committee for framing Staff Regulations/Recruitment and Promotion Rules, 2019. On the recommendation of afore Committee, Recruitment and Promotion Rules were framed (Annexure P-2). Petitioners herein, who have obtained more than 60% marks in their graduation, were appointed on different dates against the post of Assistant Lecturer-cum- Assistant Instructor as guest faculty. Petitioner No.1 was appointed in the year 2014, petitioners No.2 and 3 in 2015 and petitioners No.4 and 5 in the year 2016. All the petitioners fulfill the qualifications, as provided in the Recruitment and Promotion Rules, for the post of Assistant Lecturer-cum-Assistant Instructor and since the date of their appointment, they successfully imparted education to students of Diploma courses. 3. A similar Institute in the name of SIHM, Hamirpur, is also run by a Society. If the composition of governing body of afore Society is seen, same is exactly the same, as is of the governing body of FCI, Dharamshala, save and except Deputy Commissioner, Kangra at Dharamshala, at whose place, Deputy Commissioner, Hamirpur, is one of the member of governing body of SIHM, Hamirpur. If the composition of governing body of afore Society is seen, same is exactly the same, as is of the governing body of FCI, Dharamshala, save and except Deputy Commissioner, Kangra at Dharamshala, at whose place, Deputy Commissioner, Hamirpur, is one of the member of governing body of SIHM, Hamirpur. FCI, Dharamshala, issued an advertisement for the post of Teaching Associate on contract basis with last date as 05.06.2017 (Annexure P-3). Vide similar advertisement in the similar time, SIHM, Hamirpur, also invited applications for the post of Teaching Associates on contract basis (Annexure P-4). 4. Petitioners herein appeared in the interview conducted by the duly constituted Selection Committee and since they were fulfilling the qualifications, as prescribed by the NCHMCT for the post of Teaching Associate, they were selected and appointed as Teaching Associate on contract basis. One of the offer letter is annexed as Annexure P-5. Prior to their being appointed as Teaching Associates on contract basis, vide appointment letter dated 26.02.2019, petitioners were performing similar duties, but in the capacity of guest faculty. In similar manner, Governing Body of SIHM, Hamirpur, also appointed Teaching Associate at Hamirpur. 5. While petitioners were discharging their duties as Teaching Associates, Governing Body of FCI, Dharamshala, took a conscious decision to impart Degree courses as well and for that purpose, dissolved the Governing Body, and formed a new Society in the name of State Institute of Hotel Management, Dharamshala, (for short, ‘SIHM, Dharamshala’), wherein Governing Body comprises of the same Members, as were in the previous Society i.e. FCI, Dharamshala (Annexure P-6). Persons appointed in SIHM, Hamirpur, as Teaching Associates were regularised, pursuant to the decision taken by the Governing Body of aforesaid Institute (Annexure P-7). Bare perusal of aforesaid communication reveals that persons at SIHM, Hamirpur, were regularised as per Policy of the State Government for contractual employees, which at relevant time was Three-years, whereafter period for regularisation for contractual employees was reduced to two years. As per averments contained in the petition, Teaching Associates at SIHM, Hamirpur, were regularised from time to time as per Policy of regularisation framed by the Government of Himachal Pradesh, because earlier three persons, as per Annexure P-7, were regularised in the year 2019 and next persons, who were appointed, were regularised in the year 2021, as is evident from communication dated 01.07.2022, placed on record as Annexure P-8. 6. 6. Petitioners herein, who were also appointed as Teaching Associates, in similar manner as were appointed in the SIHM, Hamirpur, were also expecting to be regularised after their having completed two years of continuous service on or before 30.09.2021, in terms of Policy of regularisation framed by the Government of Himachal Pradesh dated 28.12.2021 (Annexure P-9), but since no action in that regard was taken by the Society, they preferred a representation to respondent No.1 dated 27.01.2022 (Annexure P- 10). Since Governing Body of SIHM, Dharamshala, failed to take similar decision in favour of the petitioners, they approached this Court in the instant proceedings. 7. Pursuant to notices issued in the instant proceedings, respondents No.1 and 2 have filed reply, wherein facts, as have been noticed hereinabove, have not been disputed, but an attempt has been made to refute the claim of the petitioners on the ground that petitioners have suppressed material fact of passing mandatory National Hospitality Teacher Eligibility Test (for short, ‘NHTET’), as specified by the NCHMCT (Annexure R-1). It is averred in the reply that since SIHM, Dharamshala, is affiliated to NCHMCT, it is bound to follow all the rules of the affiliating body. It is further submitted in the reply that recruitment of the petitioners was done on consolidated basis at Rs.18,000/- per month for a period of one year and not on consolidate basis i.e. pay band + grade pay, as per the Himachal Pradesh Civil Service Rules, 2009, who are eligible for regularisation after completion of 2 years of service. It is further averred in the reply that SIHM, Dharamshala, has received the provisional affiliation for a period of one year and is subject to fulfillment of three essential criteria i.e. completion of building by March 2023, purchase of equipment by March 2023 and engagement of faculty as per the norms of the NCHMCT (Annexure R-2). It has been stated in the reply filed on behalf of the respondents that SIHM, Dharamshala, at present has 275 seats for one and a half year Diploma Courses and 60 seats of Three-years B.Sc H&HA for the Academic Session 2022-23 and in case, Institute is disaffiliated due to regularisation of ineligible Teaching Associates, then it would be a grave injustice to the future of 335 students. 8. 8. Though there is no specific denial to the fact that petitioners and the persons, whose services have been regularised in terms of Policy of regularisation framed by the Government of Himachal Pradesh at SIHM, Hamirpur, were initially appointed as Teaching Associate on contract basis, but it has been stated that case of Teaching Associates of SIHM, Hamirpur and SIHM, Dharamshala are clearly two different cases, as the Teaching Associates at SIHM, Hamirpur are engaged by SIHM Hamirpur and regularised by the Society of SIHM, Hamirpur, whereas petitioners were engaged by FCI, Dharamshala. The Governing Body of SIHM, Dharamshala, after careful consideration took up the matter regarding exemption of NHTET in favour of the petitioners, dated 06.06.2022, however, NCHMCT denied the grant of exemption to the Teaching Associates. In view of above, decision regarding retrenchment of petitioners was taken after due discussion with Director (Studies), NCHMCT in the 4th meeting of the Governing Body of SIHM, Dharamshala (Annexure R-4) (available at page No.238 of the paper-book). 9. At this juncture, it is apt to take note of the fact that petitioners herein had approached this Court in the instant proceedings, prior to their being conveyed decision with regard to retrenchment taken in the 4th meeting of Board of Governors of SIHM, Dharamshala, as a result thereof, aforesaid decision appears to have been not laid challenge in the instant proceedings, however, Division Bench of this Court, having taken note of facts, noticed hereinabove, passed order dated 10.08.2022, thereby directing respondents to maintain status quo with respect to service of the petitioners, as a result thereof, petitioners are still continuing to work as Teaching Associates. 10. Since having carefully perused reply filed by the respondents No.1 & 2, Division Bench of this Court was of the view that how the issue of regularising ineligible Teaching Associates can be connected with the future of 335 students, it vide order dated 17.10.2022 directed Principal Secretary (Tourism & Civil Aviation) to the Government of Himachal Pradesh, to file supplementary affidavit. Pursuant to afore order passed by the Division Bench of this Court, Principal Secretary (Tourism & Civil Aviation) to the Government of Himachal Pradesh, filed supplementary affidavit (available at page No.184 of the paper-book), reiterating the averments, as were made in the reply initially filed at the behest of respondents No.1 and 2. Pursuant to afore order passed by the Division Bench of this Court, Principal Secretary (Tourism & Civil Aviation) to the Government of Himachal Pradesh, filed supplementary affidavit (available at page No.184 of the paper-book), reiterating the averments, as were made in the reply initially filed at the behest of respondents No.1 and 2. Division Bench of this Court having perused supplementary affidavit, as detailed hereinabove, passed order dated 28.12.2022, which read as under: “Heard. It appears that the respondents have adopted two different yardsticks for treating the similarly situated persons. The similarly situated teaching Associates have been regularized at Hamirpur, while step motherly treatment has been meted out to the similarly situated Associates at Dharamshala. Despite repeated opportunities, the respondents have failed to justify their action and even different affidavits/instructions filed before this Court, do not prima-facie justify the step motherly treatment meted out to the petitioners. In the given facts and circumstances, we deem it appropriate to grant a final opportunity to the respondents to justify their action by filing an affidavit within two weeks, or else, this Court shall be constrained to draw an adverse inference against the respondents. List on 11th January, 2023.” 11. In afore order, Division Bench of this Court categorically recorded that respondents have adopted two different yardsticks for treating the similar situate persons. Similarly situate Teaching Associates have been regularised at SIHM, Hamirpur, while step- motherly treatment has been meted out to the similarly situated Associates at SIHM, Dharamshala. To justify its decision, Principal Secretary (Tourism & Civil Aviation) to the Government of Himachal Pradesh, filed an affidavit dated 10.01.2023, wherein though it came to be admitted that five Teaching Associates at FCI, Dharamshala, were engaged in March 2019 and after completion of Three-years of continuous service in March 2022, they are still in continuous service, as per the status quo granted by this Court, but an attempt has been made to refute the claim of the petitioners on the ground that mandatory clause of NHTET was imposed by affiliating body i.e. NCHMCT, under the Teaching Associateship Scheme published in July 2019. In case the SIHM, Dharamshala, violates/defers the norms laid down by the NCHMCT, then the provisional affiliation of one year given to the Institute will be revoked by the National Council during the time of inspection, which will be scheduled in the month of February/March 2023. In case the SIHM, Dharamshala, violates/defers the norms laid down by the NCHMCT, then the provisional affiliation of one year given to the Institute will be revoked by the National Council during the time of inspection, which will be scheduled in the month of February/March 2023. In nutshell, case of the respondents is that in case service of the petitioners is regularised, as has been done in the case of some of the Teaching Associates at SIHM, Hamirpur, affiliation granted by NCHMCT for providing Degree courses at Dharamshala may be revoked. It is not in dispute that till date, affiliation granted by affiliating body, as detailed hereinabove, has not been revoked on account of non-adherence of time schedule fixed by the affiliating body for recruitment of faculty as well as completion of infrastructure. 12. Having carefully perused material adduced on record by the respective parties and heard submissions made by their respective counsel, this Court finds that there is no dispute that petitioners herein are/were similarly situate to the persons, who were also appointed as Teaching Associates in the SIHM, Hamirpur. It is also not in dispute that both the Institutes i.e. Dharamshala and Hamirpur, are controlled by the Society, registered under the Cooperative Societies Act. Composition of Governing Body of both the Societies is almost similar. It is also not in dispute that persons, named hereinabove, while they were being appointed as Teaching Associates were also not possessing requisite qualification, as subsequently came to be prescribed, i.e. NHTET, which otherwise is mandatory as per Teaching Associateship Scheme. It is also not in dispute that Society of SIHM, Hamirpur, regularised the services of Teaching Associates, who were similar situate to petitioners, in terms of Policy of regularisation framed by the Government of Himachal Pradesh, after their having completed Three-years of service on contract basis. 13. Though during proceedings of the case, it came to be argued by Mr. Rajan Kahol, learned Additional Advocate General, that Governing Body of Society of SIHM, Hamirpur, had taken up the issue of regularisation of such Teaching Associates, who had not passed NHTET, but fact remains that no document has been adduced on record to prove that regularisation order passed in case of such of Teaching Associates, who had not passed NHTET were revoked and ultimately their services were retrenched, for their having not possessed the requisite qualification. Since for all intents and purposes, petitioners are similar situate to the Teaching Associates, appointed at SIHM, Hamirpur, they are well within their rights to claim regularisation, at par with their counterparts at SIHM, Hamirpur, whose services have been admittedly regularised, despite the fact that they had not passed NHTET. 14. FCI, Dharamshala, came to be registered in the year 2012, which subsequently came to be upgraded to SIHM, Dharamshala, in the year 2020. Initially, one Lecturer and two Assistant Lecturers were appointed as a regular faculty in FCI, Dharamshala, to teach Diploma courses. In 2015, five guest faculty were engaged to teach Diploma courses to the students of FCI, Dharamshala. Petitioners joined at FCI, Dharamshala, as guest faculty and subsequently recruited as Teaching Associates on contract basis in March, 2019. Admittedly, at the time of petitioners’ appointment as Teaching Associates on contract basis, NHTET was not a mandatory condition for Teaching Associates for teaching at FCI, Dharamshala. The provisions of NHTET became mandatory in June 2019. In July 2019, NCHMCT amended its rules and NHTET was made compulsory for Teaching Associate to teach in SIHM, Dharamshala, however, Teaching Associates were exempted from the mandatory qualification of NHTET to teach in FCI, Dharamshala, vide e-mail dated 06.03.2017, which reads as under: “To, Principal, All FCIs affiliated to NCHM Sir/Madam, Please refer to this Council's earlier e-mail communicating on conduct of NHTET by NCHMCT as eligibility criteria towards applying for the direct recruitment entry level teaching post i.e. Assistant Lecturer in affiliated Institutes including FCIs. It came to the knowledge of this Council that Recruitment Rule for the post of Assistant Lecturer in FCIs currently affiliated to NCHMCT are unchanged since long and the educational qualifications required as per present RR is 3-Year Diploma in HM of SBTE/NCHMCT or Degree in HM from any recognized University. Accordingly, the compulsory clause of recruiting only NHTET qualified persons in the initial teaching post at FCIs has been withdrawn. Recruitment of faculty at FCls will be as per existing RRs of FCIs till its amendment with new qualifications. However, FCIs may give a preference to the NHTET qualified persons, since they are proved their ability by passing the exam. Regards, L.K. Ganguli Director (A&F)” 15. FCI, Dharamshala, was upgraded in September, 2022 and NCHMCT granted provisional affiliation to SIHM, Dharamshala, for a period of one Academic Year i.e. 2022-23 for running Three- year B.Sc. However, FCIs may give a preference to the NHTET qualified persons, since they are proved their ability by passing the exam. Regards, L.K. Ganguli Director (A&F)” 15. FCI, Dharamshala, was upgraded in September, 2022 and NCHMCT granted provisional affiliation to SIHM, Dharamshala, for a period of one Academic Year i.e. 2022-23 for running Three- year B.Sc. (H&HA) in addition to existing Diploma programs on 04.07.2022, subject to three conditions: (i) new building to be made ready in all respects by the end of March, 2023, which will be verified through an inspection; (ii) engagement of required faculties as per eligibility norms; and (iii) procurement of equipments in all respects to be completed before next academic session. 16. At this stage, it would be apt to take note of e-mail dated 06.03.2017, reproduced hereinabove, wherein the compulsory clause of recruiting only NHTET qualified persons in the initial teaching post at FCIs has been withdrawn. It is apparent from aforesaid communication that NCHMCT, having realised that Recruitment Rules for the post of Assistant Lecturer in FCIs, affiliated to NCHMCT, are unchanged since long and the education qualifications required as per present Recruitment Rules is Three- year Diploma course in Hotel Management of SBTE/NCHMCT or Degree in Hotel Management from any recognised University, relaxed the compulsory clause of recruiting only NHTET qualified persons in the initial teaching post at FCIs. Admittedly, in the case at hand, petitioners were initially appointed as Teaching Associates, as per Recruitment & Promotion Rules, 2019, framed by the Committee constituted by the Governing Body of Society. Since petitioners herein stood appointed as Teaching Associates at respondent No.2-Institute prior to its being upgraded as SIHM, Dharamshala, coupled with the fact that similar situate persons, who were also appointed as Teaching Associates at SIHM, Hamirpur, having same qualification, were regularised in terms of Policy of regularisation, framed by the Government of Himachal Pradesh, prayer made on behalf of the petitioners for regularisation in terms of afore Policy cannot be permitted to be defeated on the ground that in the event of regularisation of the petitioners, without their having passed NHTET, SIHM, Dharamshala, may incur deaffiliation. As has been noticed hereinabove, Council, having realised that Recruitment Rules for the post of Assistant Lecturer in FCIs, affiliated to NCHMCT, remain unchanged for long, itself withdrawn the compulsory clause of recruiting only NHTET qualified persons in the initial teaching post at FCIs. As has been noticed hereinabove, Council, having realised that Recruitment Rules for the post of Assistant Lecturer in FCIs, affiliated to NCHMCT, remain unchanged for long, itself withdrawn the compulsory clause of recruiting only NHTET qualified persons in the initial teaching post at FCIs. Since NCHMCT itself relaxed the condition of minimum qualification, which subsequently came to be prescribed for a Teacher, who otherwise stood appointed in terms of Recruitment & Promotion Rules prevalent at the time of selection, there is no occasion, if any, for respondents to deny regularisation to the petitioners in terms of Policy of regularisation framed by the Government of Himachal Pradesh, especially when such benefit has been extended to some of the Teaching Associates, who were appointed in similar manner, as petitioners were appointed 17. Though at this stage, Mr. Rajan Kahol, learned Additional Advocate General, attempted to argue that petitioners cannot claim negative parity. He submitted that though Teaching Associates, who had not qualified NHTET were regularised at SIHM, Hamirpur, dehors the rules, but such fact, if any, may not be of any help to the petitioners for the reason that mistake, if any, committed in past cannot be permitted to be perpetuated, however, this Court is not impressed with the afore submission of Mr. Kahol for the reason that petitioners herein are not seeking negative parity. It is none of their case that Teaching Associates at SIHM, Hamirpur, were not eligible to be regularised or their regularisation is dehors the rules, but their specific case is that since Teaching Associates at SIHM, Hamirpur, who were similar situate to the petitioners have been granted benefit of regularisation after their having completed Three-years of service on contract basis, in terms of Policy of regularisation framed by the Government of Himachal Pradesh, they, being similar situate, also deserves to be regularised. Otherwise also, this Court in the given facts and circumstances does not see any reason to conclude that Teaching Associates at SIHM, Hamirpur, who subsequently came to be regularised were not eligible to be regularised, rather this Court is of the view that they were rightly regularised against the post they were holding at relevant time, in terms of Policy of regularisation framed by the Government of Himachal Pradesh. Moreover, there is nothing in the reply filed by respondents that regularisation of the Teaching Associates at SIHM, Hamirpur, was not in accordance with law, rather respondents herein have attempted to justify the regularisation of Teaching Associates at SIHM, Hamirpur by stating that their services were regularised pursuant to the approval given by the Governing Body. 18. Once facts narrated hereinabove clearly reveal that petitioners herein are/were similar situate to Teaching Associates at SIHM, Hamirpur, coupled with the fact that Governing Body, which decided to regularise the Teaching Associates at SIHM, Hamirpur, is also manned by same Members, save and except Deputy Commissioner, Hamirpur, who is otherwise substituted by Deputy Commissioner, Dharamshala, there appears to be no justification to deny regularisation to the petitioners, in terms of Policy of regularisation framed by the Government of Himachal Pradesh. Leaving everything aside, this Court finds that at the time of appointment of the petitioners as Teaching Associates, FCI, Dharamshala, was only meant for awarding Diplomas. Petitioners herein, who are graduates in Hotel Management with 60% marks were fully qualified to be appointed as Teaching Associates in FCI, Dharamshala. 19. Subsequently, pursuant to their having possessed requisite qualification and experience, petitioners herein were permitted to participate in selection process for the post of Teaching Associates on contract basis. Petitioners herein were given appointment against the post of Teaching Associates on contract basis, pursuant to selection process conducted vide advertisement (Annexure P-3). In similar manner, persons working as Assistant Lecturer-cum-Assistant Instructor at SIHM, Hamirpur, were given appointment as Teaching Associates on contract basis, in terms of advertisement (Annexure P-4). FCI, Dharamshala, was upgraded to State Institute of Hotel Management vide communication dated 04.07.2022 (Annexure R-II), whereby council approved running of Three-year B.Sc (H&HA) with an approved intake of 60 students from SIHM, Dharamshala w.e.f. Academic Session 2022-23, in addition to existing Diploma programs. Meaning thereby, pursuant to aforesaid upgradation, SIHM, Dharamshala, besides imparting Diploma, which were otherwise being imparted earlier, could also impart Degrees w.e.f. Academic Session 2022-23. Meaning thereby, pursuant to aforesaid upgradation, SIHM, Dharamshala, besides imparting Diploma, which were otherwise being imparted earlier, could also impart Degrees w.e.f. Academic Session 2022-23. If the aforesaid communication dated 04.07.2022 is perused in its entirety, it clearly reveals that infrastructure as well as faculty, otherwise required to be provided by SIHM, Dharamshala, is solely for the purposes of running Three-year B.Sc HHA program and imparting Degrees, whereas Teaching Associates, who prior to afore upgradation stood engaged in Institute and were imparting education to Diploma students, will not in any manner be affected/covered by the conditions contained in the afore communication. 20. Petitioners herein are otherwise not claiming to be appointed as Lecturer for imparting education in Degree course, rather their simple prayer is that their services also deserves to be regularised as Teaching Associates, as has been done in the cases of Teaching Associates at SIHM, Hamirpur. Otherwise also, Teaching Associates, whose services have been regularised at SIHM, Hamirpur, cannot claim to be appointed as Lecturer for imparting education to students of Degree courses, because for that purpose, they are first required to pass NHTET. In same manner, petitioners though on account of their being appointed as Teaching Associates on contract basis, may continue to impart education to Diploma students, but they shall become eligible for their engagement/promotion to the post of Lecturer, if any, for imparting education to Degree students, after their having passed NHTET. 21. Since this Court is fully convinced and satisfied that petitioners herein are similar situate to Teaching Associates at SIHM, Hamirpur, inaction on the part of the respondents, inasmuch as not regularising the services of the petitioners, being totally arbitrary and in violation of Articles 14 and 16 of the Constitution of India, deserves to be rectified in accordance with law. 22. Though at this stage, Mr. Rajan Kahol, learned Additional Advocate General, attempted to argue that since decision of respondents, inasmuch as ordering retrenchment of services of the petitioners vide resolution dated 01.08.2022 (annexed with the affidavit dated 10.01.2023 as Annexure R-4) has not been laid challenge, relief otherwise prayed for cannot be granted, however, this Court is not persuaded to accept aforesaid submission of Mr. Rajan Kahol, learned Additional Advocate General, attempted to argue that since decision of respondents, inasmuch as ordering retrenchment of services of the petitioners vide resolution dated 01.08.2022 (annexed with the affidavit dated 10.01.2023 as Annexure R-4) has not been laid challenge, relief otherwise prayed for cannot be granted, however, this Court is not persuaded to accept aforesaid submission of Mr. Kahol for the reason that in the given facts and circumstances and with a view to do substantial justice, this Court while exercising power under Article 226 of the Constitution of India can always mould the relief. "Moulding of relief" principle was recognized by the Supreme Court in Pasupuleti Venkateswarlu v. The Motor & General Traders, AIR 1975 SC 1709. It was observed therein that though the right to relief must be judged to exist as on the date a suitor institutes the legal proceeding, the principle that procedure is the handmaid and not the mistress of the judicial process is also to be noted. Justice VR Krishna Iyer observed: "If a fact, arising after the lis has come to court and has a fundamental impact on the right to relief for the manner of moulding it, is brought diligently to the notice of the tribunal, it cannot blink at it or be blind to events which stultify or render inept the decrotal remedy. Equity justifies bending the // 16 // rules of procedure, where no specific provision or fair play is violated, with a view to promote substantial justice--subject, of course, to the absence of other disentitling (actors or just circumstances. Nor can we contemplate any limitation on this power to take note of updated facts to confine it to the trial Court. If the litigation pends, the power exists, absent other special circumstances repelling resort to that course in law or justice. Rulings on this point are legion, even as situations for applications of this equitable rule are myriad. We affirm the proposition that for making the right or remedy claimed by the party just and meaningful as also legally and factually in accord with the current realities, the court can, and in many cases must, take cautious cognizance of events and developments subsequent to the institution of the proceeding provided the rules of fairness to both sides are scrupulously obeyed.” 23. Since at the time of filing the petition at hand, decision of Governing Body of SIHM, Dharamshala, was not conveyed to the petitioners, coupled with the fact that pursuant to orders passed by the Division Bench of this Court, petitioners herein are still continuing to work against the post of Teaching Associates in respondent No.2-Institute, inaction, if any, on the part of petitioners to lay challenge to decision taken by the Governing Body to retrench the services of the petitioners, may not be of much consequence, as far as adjudication of the present case is concerned. 24. Consequently, in view of detailed discussion made hereinabove as well as law taken into consideration, this Court finds merit in the present petition and accordingly the same is allowed. Resolution dated 01.08.2022 passed by the Governing Body of SIHM, Dharamshala, in its 4th meeting, is quashed and set aside and respondents are directed to consider the case of petitioners for regularisation against the post of Teaching Associates, in terms of Policy of regularisation framed by the Government of Himachal Pradesh dated 28.12.2021 (Annexure P-9), whereby persons after their having completed Two-years service on contract basis are required to be regularised. However, it is clarified that petitioners herein shall not be eligible to impart education to the students of Degree courses, till the time they pass NHTET, as is required by the NCHMCT. The present petition is disposed of in the above terms, so also the pending miscellaneous application(s), if any.