ORDER :

All these writ petitions present two sets of claims for adjudication. Such claims, though juxtaposed, involve common questions of facts and law, therefore, are being decided together by a common judgment. First set consists of claims in CWPOA No. 6251 of 2020 (OA 247 of 2019 filed before erstwhile H.P. State Administrative Tribunal) along with CWP Nos. 426, 756, 1052, 1053, 1055, 1079, 1097, 1136, 1204, 1212, 1221 and 1350 of 2021 (for short, “first set”) and the Second set includes claims in CWPOA No. 132 of 2019 and CWP No. 3197 of 2020 (for short, “second set”).

2. Himachal Pradesh Staff Selection Commission (for short, “HPSSC”) issued advertisement dated 19.12.2018 (for short, “advertisement”) and thereby invited applications from eligible candidates for selection to the posts of Junior Basic Teachers, Class-III, Non-Gazetted (for short, “JBTs”) in Elementary Education Department, Government of Himachal Pradesh. The advertisement triggered the dispute that primarily relates to necessary qualification for the post of JBTs and as a consequence thereof all the above noted petitions came to be filed.

3. The petitions in first set have been filed on the grounds that the petitioners therein are either Science or Arts graduates with B.Ed. and have also qualified prescribed Teachers Eligibility Test (for short, ‘TET’). They have claimed that vide Notification dated 28.06.2018 National Council for Teachers Education (for short, “NCTE”) has enhanced the scope of eligible candidates for the post of JBT by including candidates with B.Ed. therein subject however to the condition they must have qualified TET and should also undergo six months “Bridge Course” within two years from the date of their appointment as JBT. As per petitioners therein, the Recruitment and Promotion Rules for JBTs were framed by Government of Himachal Pradesh in 2017 (for short, 2017 Rules”) i.e. before issuance of NCTE notification dated 28.6.2018 and thus the 2017 rules required amendment or in alternative by necessary implication shall include the additional qualification prescribed by NCTE notification. It is further contended on their behalf that they were eligible for the post of JBT but were wrongly and illegally precluded from participation in the recruitment process initiated through the advertisement, as the essential qualification prescribed in said advertisement did not include prescription made by NCTE notification dated 28.6 2018.

4. To place the facts straight, it is being noticed that having failed to obtain interim orders in the Original Application No. 247 of 2019, petitioners therein had approached this Court by way of CWP No. 191 of 2019. This Court had decided the said petition on 18.01.2019 in following terms: -

“3. Be that as it may, as the moot issue raised in the Original Application, has to be at the first instance adjudicated by the Tribunal, therefore, without making any observation on the merit of the case, this writ petition is disposed of with the direction that the petitioners be permitted to apply for the post in issue provisionally subject to their fulfilling other eligibility criteria contained in the Recruitment and Promotion Rules except qualification. It is further clarified that this direction shall not be construed as if this Court has found the petitioners eligible for the post in issue. The same shall depend upon the outcome of the Original Application to be decided by the learned Tribunal. It is further clarified that submission of the applications for the post by the petitioners, shall not confer upon them any equity to claim the post in issue, if the Tribunal decides the original application against them. The writ petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.”

5. The petitions forming second set, on the other hand, have been filed on the hypothesis that the Government of Himachal Pradesh in exercise of powers under Article 309 of the Constitution of India has laid