Point of Law: It is clear that for maintaining standards of education in schools, NCTE is now specifically empowered to determine qualifications of persons for being recruited as teachers in schools or colleges.

ORDER :

By way of instant petition filed under Art. 226 of the Constitution of India, petitioners have prayed for the following reliefs:

“i) That the Hon'ble Court may be pleased to issue the Writ in the nature of Certiorari or any other appropriate writ order or direction quashing and setting aside the Impugned Clause-7 as contained in Himachal Pradesh Technical Education, Vocational and Industrial Training Department, Principal (B.Pharmacy) (Class-I Gazetted) Recruitment and Promotion Rules, 2008 (Annexure P-6) being illegal, discriminatory and ultra vires to the provisions of the Constitution of India, besides being in conflict with the Pharmacy Council of India, besides being in conflict with the Pharmacy Council of India and All India Council of Technical Education norms.

ii) That this Hon'ble Court may be pleased to issue the writ in the nature of Mandamus or any other appropriate writ order or direction directing the Respondents to substitute essential experience as contained in Clause 7 of the Himachal Pradesh Technical Education, Vocational and Industrial Training Department, Principal (B.Pharmacy) (Class-I Gazetted) Recruitment and Promotion Rules, 2008 (Annexure P-6) with the experience as prescribed in Minimum Qualification for Teachers in Pharmacy Institutions Regulations, 2014 (Annexure P-7) i.e. 15 Years Experience in teaching out of which 5 years must be as Professor/HOD in a PCI approved/recognized Pharmacy College or with the experience as prescribed in Gazette of India Notification dated 01.03.2019 (Annexure P-8) i.e. minimum 15 years of experience in teaching/research/industry, out of which atleast 3 years shall be at the post equivalent to that of professor.

2. Petitioners herein, who are working as Professor and Associate Professor in Government Pharmacy College Nagrota Bagwan, District Kangra and Rohru, District Shimla respectively are aggrieved of the minimum educational qualification prescribed under Rule-7 of the Recruitment and Promotion Rules for the post of Principal (B.Pharmacy) (Class I) (Gazetted) in Pharmacy College in the Department of Technical Education, Vocational and Industrial Training, Himachal Pradesh (hereinafter, ‘Rules’). Rule-7, whereof provides as under:

“7. Minimum Educational and other qualifications required for direct recruits.

ESSENTIAL QUALIFICATION: (i) QUALIFICATION AND EXPERIENCE FOR CANDIDATES FROM REACHING, Ph.D degree (with first Class Master’s Degree in the appropriate branch of specialization in Pharmacy and with 10 years experience of which at least 05 years experience at senior level comparable to that of an Professor would also be eligible.

(ii) DESIRABLE QUALIFICATION:

(i) Administrative experience in a responsible position.

(ii) Knowledge of customs, manners and dialects of Himachal Pradesh and suitability for appointment in the peculiar conditions prevailing in the Pradesh.”

3. As per Rule 10 of the Rules, post of Principal, in the College of Pharmacy is to be filled up 100% by way of promotion failing which by direct recruitment or on contract basis. Clause 10 of the Rules provides as under:

“10. Method of recruitment, whether by direct recruitment or by promotion, deputation, transfer and the percentage of vacancies to be filled in by various methods: 100% promotion failing which by direct recruitment or on contract basis.”

4. Precisely the grouse of the petitioners is that the minimum educational qualification under Rule 7 of the Rules, is not in consonance with the Regulations issued by the Pharmacy Council of India vide Notification dated 11.11.2014 (Annexure P-7), whereby minimum educational qualification for appointment to the post of Director, Principal/head of institution has been prescribed as follows: