IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 15211 of 2026 Decided on: 08.09.2026 ------------------------------------------------------------------------------------- Rajinder Kumar …..Petitioner Versus State of H.P. and Ors. .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Onkar Jairath, Sr. Advocate with Mr. Anshul Jairath, Advocate. For the Respondents: Mr. Sikander Bhushan, Deputy Advocate General. ------------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge This writ petition has been filed for the grant of following substantive reliefs: - “i) That this Hon'ble Court may be pleased to issue the Writ in the nature of Certiorari or any other appropriate writ, order or direction may kindly be issued quashing and setting aside the Annexure P-6 whereby case of the Petitioner has been returned. ii) That a writ in the nature of mandamus, or any other appropriate writ, order, or direction, may kindly be issued, directing the respondents to promote the petitioner to the post of Head Master against the vacancies reserved for PHC (Scheduled Cast), with all consequential benefits.” 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 2. Upon hearing the parties, following order was passed in the matter on 01.09.2026: - “Notice. Mr. Sikander Bhushan, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents. Petitioner’s grievance is to the office communication dated 04.08.2026 (Annexure P-6), whereby his case for consideration for promotion to the post of Headmaster has been returned with the remark that the case was not sent by the Department by the assigned due date, i.e. January, 2026. Learned Senior Counsel for the petitioner submits that the so called due date of January, 2026 is irrelevant in petitioner’s case as the petitioner is eligible for promotion only to the post of Headmaster and not to the post of Lecturer. That he does not possess the educational qualification of Post-Graduation in any of the subject, which is an essential qualification to be considered for promotion to the post of Lecturer. Therefore, there was no question of petitioner’s exercising option for promotion as he had only one channel for promotion in view of his qualification, i.e. to the post of Headmaster, which is a non-selection post based upon seniority. Let learned Deputy Advocate General have instructions from the concerned quarters for considering the case of the petitioner for promotion to the post of Headmaster. List on 08.09.2026.” Pursuant to the above, learned Deputy Advocate General has placed on record office instructions dated 07.09.2026 from Director School Education, relevant portion of which, reads as under: - “….In this regard, it is respectfully submitted that the present writ petition has been filed by the petitioner for seeking the relief to the effect that the Annexure P-6 dated 04/08/2026 whereby the 3 case of the petitioner has been returned in original by the Deputy Director of Elementary Education, District Hamirpur with remarks that the petitioner had not sent his case on due date i.e. January, 2026. It is further submitted that the Annexure P-6 is not regarding eligibility/option by the petitioner but it is merely rejection on the ground that the case has not been sent by the petitioner well in time. However, it is submitted that the cases received upto 05/09/2026 have been considered. Petitioner is directed to submit his case afresh and his candidature will be considered in next DPC if otherwise eligible. 3. Since the respondents have undertaken to consider the candidature of the petitioner in the next meeting of the Departmental Promotion Committee (DPC) for promotion to the post of Headmaster, the present petition is disposed of as the grievance of the petitioner stands redressed. Pending miscellaneous applications, if any stand disposed of. Jyotsna Rewal Dua Judge 8th September, 2026 Rohit