IMPORTANT POINT
The central legal point established in the judgment is the interpretation of the term 'Graduation level' in the context of the Recruitment and Promotion Rules for the post of Principal (College Cadre), which influenced the court's decision to allow the petitioners' candidature.

JUDGMENT :

Satyen Vaidya, J.

Petitioners have filed the instant petition for following substantive reliefs:-

i) That the action of the respondent No.2, in rejecting the candidature of the petitioners and declaring them ineligible for the posts of Principal (College Cadre), Class I (Gazetted) (on regular basis) for want of Essential Qualification (i) i.e. the candidate has not studied Master’s Degree subject at graduation level i.e. English vide notice dated 07.11.2023 i.e. Annexure P-6, may be set aside and quashed being null and void.

ii) That the respondents may be directed to consider and recruit the petitioners to the posts of Principal (College Cadre), Class-I (Gazetted) (on regular basis) as Principals.

2. In response to the Advertisement No.64/12-2022 dated 31.12.2022 issued by respondent No.2. Petitioners applied for the post of Principal (College Cadre), Class-I (Gazetted) on regular basis in Pay Scale of Rs.37,400-67000 + Rs.10,000/- G.P. in the Department of Higher Education, Himachal Pradesh. Their candidature has been rejected by respondent No.2 vide communication dated 07.11.2023 on the ground that they have not studied Master Degree subject at Graduation level, i.e. English.

3. Petitioners have assailed their rejection on the ground that both the petitioners have graduated in Science subjects and as such, have qualified Bachelors of Science course from Himachal Pradesh University. As per the petitioners, English was one of the subjects studied by them in First year of Three-years’ degree course and both the petitioners had passed the English subject. On such basis, the petitioners maintain that they have studied English at Graduation level and their candidature has been wrongly rejected.

4. On the other hand, the stand of respondent No.1 is that the recruitment to the post of Principal (College Cadre) is to be done on the basis of Recruitment and Promotion Rules (for short ‘R&P Rules’) for the said post, which provides one of the essential qualification as under:-

“(i) A Master’s Degree with atleast 55% marks (or an equivalent grade in a point scale wherever grading system is followed by a recognized University.

Provided that the candidate must have studies the concerned subject at the Graduation level.”

As per respondent No.1, the petitioners have studies English subject only during the First year of Graduation and not as a main subject. On such premise, the rejection of the candidature of the petitioners has been justified.

5. Respondent No.2 has also filed its separate reply, and has pleaded its bounden duty to make recruitments strictly in accordance with the notified R&P Rules for the post concerned. The provisions of R&P Rules for the post of Principal (College Cadre), which requires a Master’s degree with at least 55% marks from a recognized university and also that the candidate must have studied the concerned subject at the Graduation level, have been said to be the basis for including the same terms in the advertisement dated 13.12.2022.

6. I have heard learned counsel for the parties and have also gone through the record carefully.

7. The controversy involved in the instant petition has a narrow encompass. The issue at hand is whether passing of English subject in the First year of their B.Sc. course by the petitioners fulfills the requirement of R&P Rules for the post of Principal (College Cadre), which stipulates that the candidate must have studied the same subject at the Graduation level, which is also their subject in Post Graduation.

8. The factual aspect is that both the petitioners are Science graduates, who obtained their respective B.Sc. degrees from Himachal Pradesh University. Subsequently, both pursued their Post Graduation in the subject of English. It is not in dispute that the petitioners have finally obtained their respective degrees in Doctorate of Philosophy in English.

9. The petitioners have placed on record their respective result-cum-detailed marks certificates for all the three years of B.S