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2022 Supreme(HP) 628

VIVEK SINGH THAKUR
Suba Singh @ Suba Ram Son Of Shri Shobhanu Ram – Appellant
Versus
State Of H. P. Through Secretary Education, Govt Of H. P. At Shimla – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sh. Vivek Singh Thakur, Advocate
For the Respondent:Shri Hemant Vaid, additional advocate General, Shri Gurdev Negi, Advocate Vice Mr. Rajiv Rai, Advs.

ORDER :

By way of instant petition, petitioner has approached the Court seeking direction to respondents authority/department to nominate and appoint him to the post of Physical Education Teacher (PET) reserved for Ex-serviceman quota in Scheduled Tribe (ST) category along with all consequential benefits from the date since when his juniors has been appointed to the said post.

2. Petitioner, being an Ex-serviceman, registered his name in Employment Exchange on 18.12.2000 with qualification of matric and PTI. He also enrolled himself as a ST candidate with Employment Cell of Directorate of Sainik Welfare Himachal Pradesh at Hamirpur.

3. It is an admitted fact that at the time of interview of petitioner on 24.9.2003 education qualification for the post of PET was matriculation. Requisite educational qualification to the post of PET was amended from matriculation to 10+2 w.e.f. 10th January, 2011 in furtherance to National Council for Teachers Education (NCTE) Regulation 2001 and provision of Right of Children to Free and Compulsory Education Act, 2009 as well as notification dated 23.8.2010, issued by NCTE, prescribing minimum educational qualification, for various posts of teachers. Fo

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