Point of Law: Rule 7 of R&P Rules 2010 prescribed minimum educational and other qualifications required for direct recruits.

JUDGMENT :

(Jyotsna Rewal Dua, J.)

1. The petitioners have been working as Lecturers (School- New) Commerce on contract basis with effect from 02.07.2014. They are before this Court seeking regularization of their services on completion of 3 years of contractual service.

2. The Facts of the case as canvassed by learned counsel for the petitioners are:-

2(i) The Himachal Pradesh Subordinate Services Selection Board Hamirpur (respondent No.3) issued an advertisement on 13.12.2011, wherein amongst several posts meant for different categories, 103 posts of PGT (Commerce) (on contract basis) were also advertised. The essential qualifications for this post were mentioned as follows:-

“305 PGT (Commerce)

1. Academic Qualification : Master Degree in Commerce with Accountancy/Financial Accountancy and Income Tax as major subjects of study with minimum of 50% marks in aggregate from a recognized University or its equivalent. Holder of Degree of MFC (Master of Finance Control) with minimum 50% marks in aggregate from à recognized university or its equivalent is also eligible for the post of Post graduate Teacher in Commerce subject.

2. Desirable: Knowledge of customs, manners and dialects of Himachal Pradesh and suitability for appointment in the peculiar conditions prevailing in the Pradesh.

3. Professional Qualification : B.Ed. qualification for M.Com. Candidates will not be essential till the expiry of period of three year from the date H.P. University allows B.Com./M.Com. Candidates to under take B.Ed. degree/course.

B.Ed qualification was not essential for M.Com candidates till the expiry of 3 years period from the date H.P. University allows commerce candidates to undertake B.Ed degree/course.

2(ii) The aforesaid advertisement was issued under the Recruitment & Promotions Rules (R&P in short) dated 28.12.1973. Under these Rules, for the post of lecturers in Higher Secondary Schools, essential qualification was Master’s Degree in the subject concerned from a recognized university or its equivalent. B.Ed qualification was not mentioned under these Rules.

2(iii) A bunch of writ petitions with lead case being CWP No.8858/2012 (Ramesh Kumar & Ors. Vs State & Ors.) were preferred in this Court. The petitioners therein (including some of the present petitioners) were aggrieved as they had not been permitted by the Himachal Pradesh Subordinate Services Selection Board Hamirpur, to participate in the selection process for appointment to the post of PGT (Commerce) on the ground that they did not possess the requisite B.Ed degree. The writ petitions were disposed of on 12.12.2012 with the following observations/directions:-

“4. As already stated above, the Himachal Pradesh University had started B.Ed. in Commerce stream, without any restriction as to age, only from academic year 2012-13. All the petitioners, it is submitted, had otherwise become over-aged to take admission to B.Ed. in the regular stream prior to 2012-13, when the University started B.Ed. in Commerce stream from 2007-2008 onwards.

5. In peculiar facts and circumstances of the case, there will be a direction to the H.P. Subordinate Services Selection Board to interview the petitioners also and subject to their merit, take further action to forward their names to the State. Needless to say that in case the candidates, who have been selected by the Board, a rider will be added to the effect that they will have to pass the B.Ed. within three years.”

In the judgment, the Court noticed that B.Ed in Commerce stream was started in Himachal Pradesh University without any restriction as to age, only from academic year 2012-13. That the petitioners had become over-age to take admission in B.Ed in the regular stream prior to 2012-13. In the peculiar facts and circumstances of the case, the Court directed the H.P. Subordinate Services Selection Board to interview the petitioners subject to their merit and take further action to forward their names to the State. It was also observed that “ne