Research › Search › Judgment

Himachal Pradesh High Court · body

2026 DAILYLAW 16697 (HP)

Manju Kumari v. State of Himachal Pradesh

2026-02-24

Jiya Lal Bhardwaj

body2026
JUDGMENT : Jiya Lal Bhardwaj, J. The petitioner by way of present writ petition, has challenged the appointment of private respondent No.6 to the post of Language Teacher (Ortho) under the Reserved Category of Persons with Disabilities, made vide office order dated 21.06.2014. 2. The precise grouse raised by the petitioner in the writ petition is that the petitioner had obtained the qualification of Bachelor of Arts in the year 2009 and thereafter did her Bachelor of Education (B.Ed.) in the year 2010. Thereafter, she qualified the Teachers Eligibility Test (TET) in the year 2013. 3. So far as private respondent No.6 is concerned, he completed his Bachelor of Arts in the year 1999. Thereafter, he did Bachelor of Education (B.Ed.) in the year 2013. However, before doing Bachelor of Education (B.Ed.) in the year 2013, private respondent No.6 had passed his Teachers Eligibility Test (TET) in the year 2011. 4. Learned counsel for the petitioner vehemently contended that since respondent No.6 had done his Bachelor of Education (B.Ed.) in the year 2013, he could not have been considered senior to the petitioner in view of the Recruitment and Promotion Rules, 2009, promulgated by the State Government of Himachal Pradesh on 16.11.2013, for the post of Language Teacher. As per the Notification dated 16.11.2013 (Annexure A-9), one of the essential qualifications prescribed under the Himachal Pradesh Elementary Education Department, Language Teacher (Class-III) (Non-Gazetted) Recruitment and Promotion Rules, 2009 is “B.A. with at least 50% marks with Hindi as an elective subject and 1-year Bachelor in Education (B.Ed.).” 5. Learned Counsel has also referred to Note (4), which prescribes that “Priority shall be given to those eligible candidates who possess the minimum qualifications specified in NCTE Notification dated 23rd August, 2010, as amended from time to time, and thereafter other candidates will be considered with the relaxed qualifications. This relaxation shall be valid up to 31.03.2014.” According to the learned Counsel for the petitioner, once Note (4) provides that priority shall be given to those eligible candidates, who possess the minimum qualifications specified in the NCTE Notification dated 23.08.2010, then the candidature of the petitioner ought to have been considered for the post of Language Teacher under the category of Persons with Disabilities, since she had acquired the qualification of B.Ed. in the year 2010, which is prior to that of private respondent No.6 in the year 2013. 6. in the year 2010, which is prior to that of private respondent No.6 in the year 2013. 6. The respondents have filed the reply to the petition and have supported the appointment of private respondent No.6. 7. Private respondent No.6 has also filed reply to the petition and placed reliance upon the Notification dated 16.11.2013, more particularly Note (i) appended to the notification, wherein it has been mentioned that for “batch wise recruitment to be made up to 31.03.2014, the batch would be reckoned from the date of issuance of the 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”. 8. I have heard the learned counsel for the parties and also gone through the record carefully. 9. Mr. Ashwani K. Sharma, learned counsel for the petitioner vehemently argued that once the essential qualification to hold the post of Language Teacher is B.A. with at least 50% marks with Hindi as an elective subject and 1-year Bachelor in Education (B.Ed.), and the petitioner is having the qualification of B.Ed. in the year 2010, which is much before obtaining the qualification by private respondent No.6, who obtained the same in the year 2013, her candidature ought to have been considered once she also falls under the category of Persons with Disabilities, against which post the private respondent has been considered. She laid much emphasis on Note (4) of the Notification. 10. Before deciding the issue, it is relevant to reproduce the Notification dated 16.11.2013, which is as under:- “(Authoritative English Text of this Department notification No.EDN-C- A(3)-10/2011 dated 16.11.2013 as required under Clause (3) of Article 348 of the Constitution of India) Government of Himachal Pradesh Elementary Education Department (Education -C) No. EDN-C-A(3)-10/2011, dated: Shimla-171002, 16 November, 2013 NOTIFICATION In exercise of the powers conferred by proviso to Article 309 of the Constitution of India, the Governor, Himachal Pradesh, in consultation with the Himachal Pradesh Public Service Commission, is pleased to make the following Rules further to amend the “Himachal Pradesh, Elementary Education Department, Language Teacher, Class-III (Non-Gazetted) Recruitment and Promotion Rules, 2009 notified vide this Department notification Number EDN-C-A(3)2/2009 dated 31.12.2009, namely:- Short title and Commencement 1. (1) These rules may be called the “Himachal Pradesh, Elementary Education Department, Language Teacher, Class-III (Non-Gazetted) Recruitment and Promotion (First amendment) Rules, 2013. (1) These rules may be called the “Himachal Pradesh, Elementary Education Department, Language Teacher, Class-III (Non-Gazetted) Recruitment and Promotion (First amendment) Rules, 2013. (2) These rules shall come into force from the date of publication in the Rajpatra, Himachal Pradesh. Amendment of Annexure-A 2. In Annexure-A to the “Himachal Pradesh, Elementary Education Department, Language Teacher, Class-III (Non-Gazetted) Recruitment and Promotion Rules, 2009, (a) For the existing provisions against Col. No.7, the following shall be substituted, namely:- (a) Essential Qualification: i) B.A. with Hindi as an elective subject and 2-year Diploma in Elementary Education (by whatever name known). OR BA with at least 50% marks with Hindi as an elective subject and 1- 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 (B.Ed.) 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 Bachelor in Education (B.Ed.) AND ii) Pass in Teacher Eligibility Test (TET Language Teacher) duly conducted by HP Board of School Education, Dharamshala. Provided that the incumbents who have already qualified the Teacher Eligibility Test (TET) conducted by the H.P. Subordinate Services Selection Board, Hamirpur shall also be eligible subject to the conditions as laid down in Para-11 of the guidelines issued by the National Council for Teacher Education vide No.76-4/2010/NCTE/Acad. Dated 11.02.2011. Note (1): Relaxation up to 5% will be allowed in minimum educational qualifications and also in minimum qualifying marks for TET to the candidates belonging to SC/ST/ OBC/PH categories of Himachal Pradesh. Note (2): Relaxation to those persons who are not B.Ed. and possess the academic qualification prescribed in Column-7(a) above shall also be eligible for appearing in the TET up to 31st March, 2014 only. Note (3): The persons possessing graduation with 50% marks in the relevant subject shall also be eligible for appearing in TET for LT upto 31st March, 2014. and possess the academic qualification prescribed in Column-7(a) above shall also be eligible for appearing in the TET up to 31st March, 2014 only. Note (3): The persons possessing graduation with 50% marks in the relevant subject shall also be eligible for appearing in TET for LT upto 31st March, 2014. Note (4): Priority shall be given to those eligible candidates who possess the minimum qualifications specified in NCTE Notification dated 23rd August, 2010, as amended from time to time and thereafter other candidates will be considered with the relaxed qualifications. This relaxation shall be valid up to 31.3.2014. Note (5): Teachers who are appointed under the relaxed qualification norms shall have to acquire the minimum qualification within a period of two years from the year of appointment.," (b) for the existing provisions against Col. No.10, the following shall be substituted, namely:- “A) 75% by direct recruitment on regular or contract basis as the case may be, in the following manner:- i) 37.5% through the concerned recruiting agency. ii) 37.5% by batch-wise at the department level. B) 25% by promotion from amongst JBT working in Govt. Primary Schools fulfilling minimum requirement as per R&P Rules appearing at Col. No. 7 failing which by direct recruitment on regular or on contract basis. 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 ofB.A. with Hindi as elective subject/BA after Prabhakar by passing English and additional subiect/M.A. Hindi on the basis of which eligibility of the candidate is reckoned. ii) For batch wise recruitment to be made after 31.3.2014, the batch would be reckoned from the date of issuance of original certificate of Bachelor of Education (B.Ed.) . If more than one candidate has been issued the final examination certificate on the same date then the inter-se- seniority would be determined on the basis of TET (LT Hindi) merit and in the event of TET merit being same, senior in age would get precedence over junior in age.," (c) For the existing provisions against Col. No.15, the following shall be substituted, namely:- "Selection for appointment to the post in the case of direct recruitment shall be made on the basis of written test followed by viva-voce test by H.P. Subordinate Services Selection Board, Hamirpur or other recruiting authority as the case may be, the standard/syllabus etc. No.15, the following shall be substituted, namely:- "Selection for appointment to the post in the case of direct recruitment shall be made on the basis of written test followed by viva-voce test by H.P. Subordinate Services Selection Board, Hamirpur or other recruiting authority as the case may be, the standard/syllabus etc. of which will be determined by the concerned recruiting authority.," and (d) for the existing provisions against Col. No.15.A,vii(c) & vii(e) the following shall be substituted, namely;- “vii(c): Contract Appointee will be entitled for one day's casual leave after putting one month service. However, the contract employee will also be entitled for 12 weeks Maternity Leave and 10 days Medical Leave. He/She shall not be entitled for Medical Re- imbursement and LTC etc. No leave of any other kind except above, is admissible to the contract appointee. Provided that the un-availed casual leave and Medical leave can be accumulated up to the calendar year and will not be carried forward for the next Calander Year vii(e): An official appointed on contract basis who have completed 3 years tenure at one place of posting will be eligible for transfer on need based basis wherever required on administrative grounds." Amendment of Annexure-B In Annexure "B" for the existing provisions against Col No. No: 4,6 the following shall be substituted; "4. Contract Appointees will be entitled for one day's casual leave after putting one month service. However, the contract employeewill also be entitled for 12 weeks Maternity Leave and 10 days Medical Leave. He/She shall not be entitled for Medical Re- imbursement and LTC etc. No leave of any other kind except above is admissible to the contract appointee. Provided that the un- availed casual leave and Medical leave can be accumulated up to the calendar year and will not be carried forward for the next Calander Year. 6. An official appointed on contract basis who have completed 3 years tenure at one place of posting will be eligible for transfer on need based basis wherever required on administrative grounds." By order Principal Secretary (Ele. Education) to the Government of Himachal Pradesh” 11. 6. An official appointed on contract basis who have completed 3 years tenure at one place of posting will be eligible for transfer on need based basis wherever required on administrative grounds." By order Principal Secretary (Ele. Education) to the Government of Himachal Pradesh” 11. The contention raised by the learned counsel for the petitioner that private respondent No.6 obtained the qualification of Bachelor of Education (B.Ed.) after her in the year 2013 cannot make the petitioner senior to private respondent No.6 for the reason that Note (i) appended in the Notification clearly stipulates that for batch wise recruitment to be made up to 31.03.2014, the batch could be reckoned from the date of issuance of the original certificate of B.A. with Hindi as an elective subject/B.A. after Prabhakar by passing English and an additional subject/M.A. Hindi, on the basis of which eligibility of the candidate is reckoned. Admittedly, in the present case, so far as the qualification of Bachelor of Arts is concerned, private respondent No.6 had acquired the said qualification in the year 1999, whereas the petitioner acquired her Bachelor of Arts qualification in the year 2009. 12. It is a settled law that the Courts cannot add or substitute any word in the rules, and the plain reading of the notification makes clear that for the purpose of batch wise recruitment, the batch would be reckoned from the date of issuance of the original certificate of B.A. Therefore, the contention raised by the petitioner that the rules also envisage possession of the qualification of Bachelor of Education (B.Ed.) and that private respondent No.6, having acquired the Bachelor of Education (B.Ed.) in the year 2013, which is after the petitioner, does not hold merit. 13. The process for appointment to the post of Language Teacher was initiated on 23.12.2013 (Annexure A-10), and the appointment had been made on 21.06.2014 after the selection was made in the interview conducted on 26.03.2014. 14. The respondents have not committed any error while offering the appointment to private respondent No.6, and this Court is of the considered view that the petition is bereft of any substance and, therefore, the same is dismissed. However, there shall be no order as to costs. 15. Pending miscellaneous application(s), if any, shall also stand disposed of.