( 2026:HHC:39207 ) IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWPOA No.589 of 2019 Decided on: 07.09.2026. _______________________________________________________________ Khatri Ram and others ....Petitioners Versus State of Himachal Pradesh and Ors. ....Respondents Coram: Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting? Yes. For the petitioners: Ms. Shalini Thakur, Advocate. For the respondents: Mr. Varun Chandel, Additional Advocate General. Ranjan Sharma, Judge Petitioner, Khatri Ram and 23 others, being JBT Teachers, filed a CWP No 1071 of 2012 and on establishment of Learned State Administrative Tribunal, the matter was transferred to Tribunal and now upon its abolition, the same has been re-transferred to this Court, as CWPOA No. 589 of 2019, seeking following relief(s): (i) For issuing a writ of Mandamus to the respondents to draw the seniority list of TGTs [JBT promotional category] by maintaining the Seniority positions 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2026:HHC:39207 ) of the incumbents held by them in the feeder category JBT Seniority list irrespective of their ]JBTs] dates of promotion as TGTs in accordance with the submissions made in the writ petition” ii) For directing the respondents to make promotions to the post of Headmasters on the basis of JBT Seniority list. (iii) For issuing a writ of Mandamus to the respondents for granting all consequential benefits including financial benefits to the petitioners at par with their junior JBTs after the promotion of the petitioners as TGTs. (iv) For directing the respondents to make timely promotions to the vacant posts of TGT from JBT arts stream in a time bound manner so as not to cause them irreparable loss in further promotions.” FACTUAL MATRIX: 2. Case, as set up, by the Learned Counsel, is that the petitioners were appointed as Junior Basic Teacher [referred as JBT] on regular basis during the years 1999 to January 2006. It is averred that petitioners possess the qualifications of B.A. and B.Ed and in 3 ( 2026:HHC:39207 ) view of these qualifications, they were eligible to be considered for promotion to the post of Trained Graduate Teachers [referred to as TGTs] in terms of Recruitment and Promotion Rules notified by the State Government on 28.12.1973 [Annexure P-2]. It is averred that though petitioners are JBT-having passed Graduation and B.Ed., [in Arts stream] yet, the State Authorities have promoted JBT having passed Graduation and B.Ed., [in Science Stream] to the higher post of Trained Graduate Teachers [Non-Medical/Medical] prior to the petitioners. It is further averred that in the promotional cadre of TGT [meant for JBTs], the Seniority list of TGTs may be maintained subject-wise or stream-wise with reference to the feeder category of JBTs, by placing JBT [with Arts subjects] as TGT [Arts] and likewise JBT [with Science subject] may be placed in Seniority as TGT [Non-Medical /Medical] instead of issuing a unified common Seniority of TGTs from date of their respective promotion-joining as TGTs and after issuing separate Seniority list of TGT [stream wise], petitioners-JBTs may be promoted as Headmaster. It is further averred that the State Authorities may be directed to make suitable amendments to the Recruitment 4 ( 2026:HHC:39207 ) and Promotion Rules for the post of TGTs and the petitioners may be considered for promotion to posts of Trained Graduate Teachers from the date the junior JBT’s [with Science stream] were promoted as Trained Graduate Teachers on 20.07.2009, Annexure A-4 earlier than the petitioner and the petitioners may be given financial benefits from the date junior-JBTs [with Non- Medical/Medical subjects] were promoted as TGTs with all consequential benefits. STAND OF THE STATE AUTHORITIES IN REPLY AFFDAVIT: 3. State Authorities have filed the Reply-Affidavit dated 06.09.2012 of Director Elementary of Education, Himachal Pradesh. 3(i). Reply-Affidavit indicates that the cadre of JBT Teachers, to which the petitioners belong, is a District Cadre. It is further averred that the promotional post of Trained Graduate Teachers is to be filled up in accordance with the Recruitment and Promotion Rules notified in the year 1973, whereby, 25% promotion quota has been reserved jointly for JBT [15% quota] and C&V [10% quota] category teachers, provided that 5 ( 2026:HHC:39207 ) such in-service JBT teachers possess qualifications of Graduation and B.Ed and for the purpose of promotion, a Seniority list will be maintained with reference to the date of regular appointment in respective grades. 3(ii). Reply-Affidavit indicates in Para 4(i), that there is a separate sanctioned strength for TGT Arts, Non-Medical, and Medical for considering eligible JBT incumbents against 15% quota. Reply states that cadre of TGTs has three streams and a JBT who belongs to a particular stream has a right to be considered for promotion in respective stream and not in another stream. Reply states that it is not administratively feasible to fill the posts of TGTs by ignoring the subject-stream of JBT’s. REBUTTAL BY PETITIOERS: 3(iii). Petitioner chose not to file any rejoinder so as to controvert the stand taken by the State Authorities in Reply Affidavit. SUPPLEMENTARY AFFIDAVIT BY STATE: 3(iv). State Authorities, in terms of order passed by this Court on 14.08.2012, a Supplementary Affidavit was filed by Director Elementary Education. Para 2 of 6 ( 2026:HHC:39207 ) the Supplementary Affidavit indicates that the post of TGTs are filled by direct recruitment in each of the three streams i.e., TGT [Arts], TGT [Non-Medical] and TGT [Medical]. It is stated that for promotion to posts of TGTs, the promotional posts in each of the streams posts are to be filled from amongst eligible-JBTs of respective streams i.e., JBT [with Arts stream], JBT [with Non-Medical stream] and JBT [with Medical stream] and it was not administratively possible to change the procedure for promotion of JBTs to TGTs by ignoring subject streams of JBT’s. REPLY TO SUPPLEMENTARY AFFIDAVIT BY PETITIONER: 3(v). Petitioners filed response-reply to Supplementary Affidavit, stating that once the junior JBT’s in Science stream were promoted to post of TGTs [Non-Medical/ Medical] on 25.07.2011 and 26.06.2012 prior in time then, after the promotion of the petitioners being JBTs [in Arts stream] to the promotional cadre of TGTs, they may be granted the financial benefits at par with juniors to avoid an anomalous situation. JUDGMENT DATED 01.01.2013 IN EARLIER ROUND OF LITIGATION IN INSTANT CASE: 7 ( 2026:HHC:39207 ) Instant writ petition [CWP No. 1071 of 2012] was allowed, by another Co-ordinate Bench of this Court on 01.01.2013, directing the Respondents to apply the "catch-up" principle, as per paragraphs 12 to 14 of the said judgment, with directions to re-do the Seniority list of JBTs, so as to give effect to the "catch-up" principle, in promotional streams of TGT [Arts], TGT [Non-Medical], and TGT [Medical] against 15% quota meant for JBT teachers in promotional cadre of TGTs. JUDGMENT DATED 30.04.2014 IN LPA No 4030 OF 2013: 4(i). Upon passing of judgement on 01.01.2013, by another Co-ordinate Bench of this Court in instant writ petition [CWP No. 1071 of 2012] on 01.01.2013, the State Authorities assailed the same in LPA No. 4030 of 2013, and Letters Patent Appeal was decided on 30.04.2014, whereby, the judgment passed by another Co-ordinate Bench of this Court was set-aside; with specific finding that "catch-up" principle was not applicable. Consequent upon setting aside of the Impugned Judgment, the Hon’ble Division Bench directed that the writ petition 8 ( 2026:HHC:39207 ) may be decided afresh, after hearing Learned Counsel for the parties. REITERATION OF CLAIM BY PETITIONERS UPON HEARING THE MATTER AFRESH ON REMAND. 4(ii). Learned Counsel for petitioners has reiterated the claim and contentions as originally made, except the principle of ‘catch-up’ which stood negated by the Honble Division Bench in LPA, as stated aforesaid. REITERATION OF CONTENTIONS BY STATE. 4(iii). Learned State Counsel reiterated the stand of the State Authorities as spelt out in Reply-Affidavit and Supplementary Affidavit with additional submissions that the petitioners, who are JBT [with Arts stream] do not have any right of consideration and resultant promotion to the post of TGTs [Non-Medical/Medical] as given to the JBT [with Science stream] from an earlier date, due to availability of vacancies-slots in the respective stream in promotional cadre. In this backdrop it was prayed that the claims may kindly be dismissed. 5. Heard, Ms. Shalini Thakur, Learned Counsel for the petitioners and Mr. Varun Chandel, Additional Advocate General for the respondents-State. 9 ( 2026:HHC:39207 ) ANALYSIS: 6. Taking into account the entirety of facts and circumstances and the material on record, this Court is of the considered view, that the claim of petitioners being [JBT in Arts stream] for promotion to the post of Trained Graduate Teacher from the date the junior -JBTs [in Science streams] were promoted as TGT’s [Science-NM/Med] from an earlier date on 20.07.2009, Annexure P-4 [colly] and on 25.07.2011 and then on 26.06.2012 [with rejoinder] and the claim for preparing seniority list of TGTs steam-wise by taking into account stream-wise incumbency as JBT’s; and the claim for promotion to post of Headmaster from the JBT Seniority list; and the claim for granting the financial benefit to the petitioners, on promotion as TGT [Arts] from the date the junior-JBTs [in Science stream-Non-Medical /Medical] were promoted as TGTs [NM/Med] cannot pass the test of judicial scrutiny, for the following reasons: SANCTITY OF STATUTORY RULES ENABILING SUBJECT AND STREAMWISE ELIGIBILITY OF JBT’s FOR PROMOTION AS TGTs IN RESPECTIVE SUBJECT- STREAMS CANNOT BE TINKERED: 7. State Authorities notified the Recruitment and Promotion Rules for the post of TGT on 28.12.1973 10 ( 2026:HHC:39207 ) [Annexure P-2]. Perusal of the Rules for the post of Trained Graduate Teacher reveal that 75% posts are to be filled up by direct recruitment and 25% posts for JBTs and C& V Teachers [out of which 15% quota was meant for JBT’s]. Rules provided that for promotion, the posts of TGT’s are to be filled from amongst the JBTs, possessing the qualification of Graduation in the subject concerned of a recognized university with Post-Graduation Degree/Diploma in Teaching Education. Rules mandate that for the purpose of promotion to post of TGT, a seniority list will be maintained with reference to the date of regular appointment in the respective grade. Meaning thereby, that the JBTs shall be considered for promotion to the respective stream in which they had passed Graduation and B.Ed., by considering a JBT, who had passed Graduation in Arts and B.Ed. to promotional cadre of TGT (Arts) and by considering a JBT, who had passed Graduation in Non-Medical and B.Ed. to promotional cadre of TGT (Non-Medical), and likewise by considering a JBT, who had passed Graduation in Medical and BEd to the promotional cadre of TGT (Medical) and that too by 11 ( 2026:HHC:39207 ) maintaining the seniority lists of JBT’s in respective grades for purposes of promotion to TGT in respective stream, for which he is eligible. The Relevant extract of the Recruitment and Promotion Rules for post of TGT, notified on 28.12.1973 [Annexure P-2], reads as under: [Annexure P-2] 28.12.1973 Recruitment and promotion Rules for Class-III [School and Government Education] Sl. No Name of post No. of posts Classifi- cation Scale of pay Whether selection or non selection post 1. 2. 3. 4. 5. 6. 4. Trained Graduate Teacher 3992 Class-III 220-500 Non-Selection Minimum educational qualifica- tion for direct recruits Whether age and educational qualifications prescribed for direct recruits will apply in case of promotees Method of Rectt Whether by direct recruitment or by transfer / promo- tion /deputation In case of rectt by promo- tion/deputation/transfer grade from which promo- tion deputation transfer to be made 8. 9. 11. 12. Essential: [Graduate [in the subjects concerned] Of a rec- ognized Uni- versity with Post- graduate de- gree/Diploma in teaching education. Age No. Qualification Yes 75 % by direct 25 % by promotion. By Promotion: From amongst Jr. Teachers, viz. JBTs/C &V teachers possessing the qualifica- tions prescribed for direct recruits and working in the aforesaid posts on regular basis, Seniority list for the purpose will be maintained with reference to the date of regular appointment In the respective grades. 12 ( 2026:HHC:39207 ) Note- Only these Trd. Grad- uate teachers/Home Sc. Mistresses. Agrl. Masters Commerce teacher, who have five years' regular ser- vice in the grade will be posted as Block Education Officer’s. 7(i). State Authorities have notified the Recruitment and Promotion Rules for the post of Trained Graduate Teacher on 22.10.2009 [Annexure P-5], and the relevant extract reads as under: Annexure-P-6 Dated:22.10.2009 Recruitment & Promotion Rules for the post of Trained Graduate Teacher (Regular/Contract)(Class-III, Non-Gazatted) in the Department of Elementary Education, Himachal Pradesh. 1. Name of the post Trained Graduate Teacher 2. Number of posts 14224 3. Classification Class-III(Non-Gazetted). 4. Scale of pay Pay scale for regular incumbents. 5480-160-5800-200-7000-220- 8100-275-8925. Emoluments for contract employ- ees: Rs 8200 (as per details given in col- umn No. 15-A) 5. Whether selection post or non selection post Non-selection 6. …. Not relevant. 13 ( 2026:HHC:39207 ) 7. Minimum Educational and other qualification required for direct recruits: ESSENTIAL ACADEMIC & PRO- FESSIONAL QUALIFICATION: TRAINED GRADUATE TEACHER (ARTS): B.A.B.Ed/B.EI.Ed. With English as an elective subject and any two of the following sub- jects in all the three years of Graduation: i). Hindi ii) Economics iii) Mathematics iv) History v) Political Science vi) Geography vii) Sociology viii) Sanskrit ix) Public Administration. OR: B.A.(Honours) in any of the above subjects with the condition that the candidate must have passed Eng- lish as an elective subject and has taken any of the above subject as subsidiary subject in all the two years of Graduation and B.Ed. TRAINED GRADUATE TEACHER (NON MEDICAL): B.Sc. B.Ed./B.EI.Ed. The B.Sc./ B.EI.Ed. Degree should have been with the following subject combinations:- i) Pass course with Physics, Chem- istry and Math as combination sub- ject. Or ii) Honours course in Physics with Chemistry and Math as subsidiary subjects 14 ( 2026:HHC:39207 ) or iii) Honours course in Chemistry with Physics and Math as subsidi- ary subjects or iv) Honours course in Math with Physics and Chemistry as subsidi- ary subjects TRAINED GRADUATE TEACHER (MEDICAL):- B.Sc. B.Ed./B.EI.Ed. The B.Sc./ B.EI.Ed. Degree should have been with following subject combinations: i). Pass course with Chemistry, Botany & Zoology. Or ii). Honours in Botany with Chem- istry & Zoology as subsidiary sub- jects. Or iii). Honours in Chemistry with Botany & Zoology as subsidiary subjects. Or iv). Honours in Zoology with Chem- istry and Botany as subsidiary sub- jects. b). Desirable Qualification: Knowledge of customs, manner and dialects of Himachal Pradesh and suitability for appointment in the peculiar conditions prevailing in the Pradesh. 8. Whether age and Educational qualification prescribed for direct recruits will apply in the case of promotes. Age: N.A. Educational Qualification: Yes. 10. Method of recruitment i) 25 % by Promotion 15 ( 2026:HHC:39207 ) whether by direct recruitment or by promotion, deputation, trans- fer and percentage of posts to various methods. 11. In case of recruitment by promotion, deputation, transfer grade from which promotion / deputation/transfer is to be made (15 % from JBT & 10 % from (C&V) ii) 75 % by direct recruitment on regular basis or recruitment on contract basis as the case may be in the following manners: a) 37.5 % through HPSSSB, Hamirpur. b) 37.5 % by batch-wise basis. i) 15 % by promotion from amongst the in service JBTs possessing the educa- tional qualification as pre- scribed in Column No. 7 above, with at least five years regular service or regular combined with continuous adhoc service rendered, if any in the grade. ii) 10 % by promotion from amongst the in C & Vs pos- sessing the essential educa- tional qualification as pre- scribed in Column No. 7 above, with at least five years regular service or regular combined with continuous adhoc service ren- dered, if any in the grade. For filing up the post the following roster shall be followed ….not relevant… 12. to 18. ……. Not relevant Perusal of the Recruitment and Promotion Rules, of 1973 unambiguously points out that promotion to post of TGT is to be made from amongst JBTs/ 16 ( 2026:HHC:39207 ) C&Vs to the extent of 25%, subject to the rider that the JBT/C&V-feeder category incumbents possess the educational qualification of graduation in the concerned subject of a recognized university with Post-Graduation Degree/Diploma in teaching education, with the condition that promotion shall be made on the basis of seniority list to be maintained with reference to date of regular appointment in the respective grades. Likewise, even as per the Rules of 2009 petitioners (JBT’s in Arts stream) could become eligible to be considered for promotion to the post of Trained Graduate Teachers (Arts), in case a JBT possesses essential academic qualification of Graduation and Professional qualification of Bachelor in Education/Bachelors in Elementary Examination in their respective stream. 7(ii). Rules of 1973 and 2009 expressly mandate that JBT are required to possess academic qualification of Graduation and Degree or Diploma in Teaching / Elemen- tary Education in the concerned subject. Even a JBT who possesses Graduation in Arts and B. Ed [i.e. B.A. and B.Ed.] can never be considered for promotion to post of TGT [in science stream, Non-Med/Medical stream]. 17 ( 2026:HHC:39207 ) Requirement of qualifications stream-wise or subject-wise in the Statutory Rules of 1973 and 2009 is based on rationale that a JBT having subject knowledge in a particular subject/stream with B.Ed. shall perform efficiently and in a better way in the promotional cadre of TGT in the respective stream. Conversely, a JBT possessing academic qualification of Graduation in the [Arts stream] shall not be able to deliver the quality of education in the promotional cadre in an effective and efficient manner. Accepting the plea of the petitioners who are JBTs, possessing Graduation in Arts and B.Ed, to work as TGT (Non-Medical or Medical) without having foundational subject knowledge as is a pre-requisite under the Rules, then, accepting the contention of the petitioners shall lead to chaos in education system and such a claim cannot sustain dehors the intent and object of the Statutory Rules. In these circumstances, this Court does not find favour with the contention of Learned Counsel for petitioners and therefore, the Rule of 1973 and 2009 enabling the subject-wise or stream-wise eligibility of JBTs for promotion to post of TGTs in their respective 18 ( 2026:HHC:39207 ) stream do not violate any right any of the legal or fundamental rights of the petitioners in any manner. Rather, accepting the plea of petitioners, shall certainly result in making the ineligibles to hold the promotional posts of TGT’s in other streams or subjects, in derogation of and dehors the subject-wise/stream-wise eligibility of JBT’s for consideration for promotion in promotional cadre of TGTs under the Statutory Rules; and the claim of petitioners being dehors the Rules, is turned down. CLAIM FOR PROMOTION FROM DATE JBTs OF OTHER STREAMS PROMOTED UNTENABLE: 8. Second contention of Learned Counsel is that petitioners-JBT with Arts stream should be considered for promotion to the post of TGT [Arts] from the date junior JBTs belonging to Non-Medical or Medical streams were promoted as TGTs [Non-Medical/Medical] prior to petitioners. The above contention is misconceived, for the reason, that as per the Rules of 1973 and 2009, out of 25% promotion quota in promotional cadre of TGTs 15% quota is meant for eligible JBTs who possess the qualifications as prescribed in Rules. Rule 10 of Rules 19 ( 2026:HHC:39207 ) of 2009, mandates that 15% quota is meant for JBTs, in promotional cadre of TGTs and this quota is relatable to posts, to be filled by promotion in term of Rule 11 of the Rules. For promotion, the “availability of posts” or “availability of a slot” in promotional cadre in which the JBT had passed Graduation shall form the basis for reckoning eligibility. Such determination of eligibility shall be confined to JBTs in their stream or subject and that too subject to the availability of posts or slots in respective subject-stream i.e. TGT [Arts], TGT [Med] and TGT [Non-Medical] and petitioners can neither claim nor be granted the eligibility and the resultant consideration irrespective of the subject-stream in which a JBT had passed Graduation and BEd or vice-versa. Merely because the JBT [in Science streams] were promoted as TGT at an earlier point of time, due their earlier eligibility in respective stream-subject and the availability of vacant posts or slots earlier in their respective promotional cadre of TGTs [Non-Medical /Medical] in comparison to the petitioners-JBTs in Arts stream-subject who may be promoted as TGT (Arts) later in point of time will neither confer any right nor locus, 20 ( 2026:HHC:39207 ) to the petitioners being JBTs [Arts stream] to claim promotion or financial benefits from the date the JBTs of [Science stream] were promoted as TGTs (NM or Med) when, the differentia based on stream or subject wise eligibility, with reference to the availability of vacancies or slots in respective stream is valid and such the classification so carved out is to ensure efficiency in teaching stream-wise or subject wise does not suffer from any illegality. PLAIN MEANING OF RULES CANNOT BE INTERPRETED JUST ON ASKING OR SUITABILITY OF PETITIONERS: 9. As per the Statutory Rules of 1973 and 2009, the promotional posts of TGTs [Arts or Non-Medical or Medical] are meant to be filled up from the JBTs stream-wise and that too on basis of seniority in respective grade. Plain and unambiguous terminology in Rules of 1973 and 2009, conferring eligibility for consideration for promotion of JBTs to TGTs, on the basis of “Graduation in concerned subjects” and on the basis of “seniority maintained in respective grade of JBTs” cannot be interdicted just to meet out the claim or to accede to an interpretation which suits 21 ( 2026:HHC:39207 ) or is sought for by the petitioner; so as to distort the Statutory Rules, is impermissible. In aforesaid backdrop, contention of Learned Counsel for petitioners is turned down. FAILURE TO CHALLENGE STATUTORY RULES DISENTITLES PETITIONERS FOR RELIEF: 10. Perusal of the prayer clause [Para-7] indicates that the petitioners have not laid a challenge to the Recruitment and Promotion Rules notified for post of TGTs in the year 1973 and in 22.10.2009 as referred to above. Not laying a challenge to the Statutory Rules, disentitles the petitioners for any relief. Presumption of statutory rules being intra-vires cannot be permitted to be diluted or tinkered with on the basis of mere conjectures. Moreover, absence of any specific pleadings and without questioning any specific provisions of the Statutory Rules of 1973 and 2009 for the post of TGTs, being intra-vires, do not suffer from any infirmity, perversity or vice of unconstitutionality in any manner. NO ENFOCEABLE RIGHT INFRINGED DUE TO BELATED PROMOTION OF PETITIONERS AS TGT [ARTS]: 11. Claim of the petitioner that the JBT with Arts stream were given belated promotion as TGTs 22 ( 2026:HHC:39207 ) whereas the JBTs with Science streams were promoted earlier, does not infringe any vested and enforceable right. The claim of an employee, alike the petitioners, is limited to consideration for promotion, which too is subject to the fulfilment of eligibility and availability of posts as per quota prescribed in the promotional cadre of TGTs, as in this case. Merely because lesser number of posts in promotional cadre of TGT [Arts] were available, in comparison to the more number of posts of TGT in Science stream (Non-Medical and Medical] therefore, the belated promotions granted to petitioners due to the non-availability of adequate posts or slots in their respective stream in promotional cadre of TGT’s cannot be a ground to show indulgence in favour of petitioners. Creation of posts or abolition or reduction in cadre or non-filling up of posts is purely based on administrative requirements and needs of the State Authorities. Petitioners have failed to point out any express provision in the Statutory Rules which mandates to fill the available posts or vacant slots at specified durations. In the absence of any express provision in Rules, no vested right of the petitioner has been violated. 23 ( 2026:HHC:39207 ) Merely because JBT [with Science streams] were granted earlier promotion in their respective stream of TGTs (Medical/Non-Medical, i.e., Science stream) will not create any legally enforceable right on petitioners for promotion or for financial benefits as given to another stream. Accepting the plea shall result in treating “unequals as equal” and shall amount to extending benefits dehors the Statutory Rules is impermissible. Resultantly, the claim of the petitioners, is devoid of any merit. SIMILAR CLAIM DISALLOWED: 12. Another Co-ordinate Bench of this Court, in Arvind Bhargav and others v. State of Himachal Pradesh in CWP No. 1713 of 2019, decided on 30.08.2024 has disallowed a similar issues, in following terms: 8. Respondents have further averred that as per R & P rules, out of 25% quota for promotion the ratio of 15% and 10%, respec- tively, was to be mandate between JBT and C &V categories. In this manner, 686 posts were to be filled from JBTs with following break up:- Subject General SC ST Total Arts 263 51 25 339 24 ( 2026:HHC:39207 ) Non-Medical 139 27 13 179 Medical 130 25 13 168 Total 532 103 51 686 9. Petitioners by way of rejoinder have alleged that the available vacant posts of TGTs in respondents-Department were 7136 and 107 posts fell to the shares of JBTs. It has been contended that respondents-Department had not filled-up all the vacancies falling to the shares of JBTs. 10. It is not disputed that the entire cadre of TGTs include incumbents from three different streams of Arts, Medical and Non-Medical. Petitioners have also not disputed that they belonged to Arts stream, whereas S/Sh. Tilak Raj and Vijay Kumar belonged to Non-Medical stream. It being so, petitioners have no justification in alleging discrimination by the respondents in promoting juniors in the seniority list before the petitioners. 11. Since, cadre of TGTs include incumbents from three different streams, the seniority list of JBTs for the purposes of promotion to the post of TGTs cannot be considered as one single unit. The promotions are required to be made in accordance with the vacancy slots in a particular category viz. Arts, Medical and Non-Medical and for such purpose, the incumbents having seniority position in respective streams shall become eligible for consideration for promotion as TGT in the said stream. In this view of the matter, the conduct of respondents cannot be said 25 ( 2026:HHC:39207 ) to be discriminatory.” Pertinently, as per Statutory Rules of 1973 and 2009, for post of Trained Graduate Teachers, ppetitioners [JBT Arts stream] vis-à-vis JBT [Non-Medical or Medical stream], constitute different cadres, within same service of JBTs. Even, for purposes of promotion to post of TGTs, all the three Units-stream of JBTs cannot be considered to be one-single Unit. It is the respective feeder grade JBT [Arts], JBT [Non-Medical], JBT [Medical] and passing of Graduation in concerned subject with Bachelors in Education [B.Ed.] and seniority of JBTs in respective three grades that eligibility and zone of consideration for promotion as TGT in respective stream is to be worked out and in these circumstances claim is misconceived. CLAIM FOR PROMOTION AS HEADMASTER FROM JBTs STREAM-WISE SENIORITY UNTENABLE: 13. Learned Counsel for petitioner has contended that after the promotion of JBTs-stream-wise to post of TGTs in respective stream, further promotion to the post of Headmaster should be made from stream-wise JBT Seniority List. 26 ( 2026:HHC:39207 ) Above contention is misplaced for the reason, that the category of JBTs-petitioners is not a recognized feeder category for promotion to post of Headmaster(s). Statutory Rules for the post of Headmaster recognize the Trained Graduate Teachers-TGTs as feeder category. Petitioners have not questioned the Rules for post of Headmaster, which nowhere recognize JBTs to be a feeder category. In absence of any challenge to the Rules, the claim of petitioners-JBTs for promotion as Headmaster dehors the Rules is misplaced and is turned down. CLAIM OF PETITIONER-JBT FROM ARTS STREAM IN PROMOTIONAL CADRE OF TGT’S IN ARTS STREAM NEEDS TO BE EXAMINED: 14. Learned Counsel for petitioners has contended that though petitioners are JBTs possessing Graduation in Arts stream and B.Ed. were eligible to be considered for promotion to posts of TGT [Arts] but despite being educationally and professionally qualified, State Authorities have not considered them for promotion, despite the availability of vacancies. Above contention, appears to be attractive but on scanning the Rules of Trained Graduate Teachers 27 ( 2026:HHC:39207 ) issued on 1973 and in 2009 once the promotional post of Trained Graduate Teachers is borne on State Cadre and the said post are “non-selection post” to be filled on the principle of “seniority-cum-fitness from amongst eligible JBTs.” Even if, vacancies were available in the promotional cadre of TGT [Arts] still the petitioners cannot have any vested right of promotion. Cadre of TGTs is a State Cadre, and the promotional posts are to be filled from JBTs in respective streams throughout the State and not only from amongst the petitioners, who belong to one District only (Sirmaur District). Consideration has to be undertaken by applying principle governing non-selection posts. Needless to say, that in case, the petitioners have not been promoted as yet [since filing of petition in 2012 and thereafter the State Authorities may look into the issue and take an appropriate action hereinafter in accordance with law, if so desired. CLAIM FOR FINANCIAL BENEFITS FROM DATE JUNIOR-JBTS IN SCIENCE STREME PROMOTED AS TGTS [SCIENCE] UNTENABLE. 15. As discussed hereinabove, the JBT [Arts], JBT [Non-Medical] and JBT [Medical] are promoted as TGTs stream wise. Earlier promotions granted to JBTs of 28 ( 2026:HHC:39207 ) Science stream as TGTs in stream wise will not confer any right on petitioner [JBTs in Arts stream] to claim promotion or to claim financial benefits, when, each stream of JBT forms a distinct-separate cadre having divergent qualifications. In case an eligible JBT belonging of one stream stood promoted as TGTs earlier in point of time, then, the petitioners have no right to claim parity with JBTs of another or dissimilar or different and parity cannot be granted with dissimilar incumbents/ stream. Claim of the petitioners for financial benefits with altogether dissimilar category of employees, does not lead to any anomaly and resultantly, the plea is devoid of any merit. 16. No other point was raised/argued. DIRECTIONS: 17. In view of above discussion, and for reasons recorded hereinabove, the instant petition is dismissed in the following terms: i) Instant petition CWP No. 1071 of 2012 (renumbered as CWPOA No. 589 of 2019), titled as Khatri Ram and others v. State of Himachal Pradesh and Others, is dismissed; 29 ( 2026:HHC:39207 ) ii) Claim for redrawing the Seniority of TGTs [based on JBT’s promotional category] stream-wise or subject-wise or grade-wise is turned down ; iii) Claim of petitioners for promotion to post of Headmasters on the basis of Seniority list of JBT (stream-wise) is turned down; iv) Claim of the petitioners for financial benefits from the date junior JBTs belonging to other streams [JBT Medi- cal/Non-Medical], were promoted as TGTs, being misplaced is turned down; (v) Claim of the petitioners for considering them for promotion to post of TGT [Arts] shall be examined by the State Authorities [if not already promoted] in accordance with law; (vi) Parties to bear respective costs. In the aforesaid terms, the writ petition and all pending miscellaneous applications, if any, shall stand disposed of, accordingly. (Ranjan Sharma) Judge September, 7, 2026 (Anita/tm)