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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
Meena Kumari – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
1. By way of this Writ Petition, the petitioners have, inter alia, prayed for the following reliefs:-
“I) Issue a Writ of mandamus directing the respondents to appoint the Petitioners as Language Teachers by treating their batch from the date they possessed B.A. Degree;
II) Issue a writ of certiorari quashing and setting aside the impugned amendment of treating the batch for recruitment after 2013 from the date the aspirants/ Petitioners acquired their B.Ed;
III) Issue a writ of certiorari quashing and setting aside rejection order dated 18.01.2022 passe3d by respondents;
IV) Issue a writ of mandamus directing the respondents to produce the entire record.”
2. The case of the petitioners is that they are un-employedand fully eligible to be appointed as Language Teachers. They fulfill the requisite criteria for appointment against the post in question in terms of the Recruitment & Promotion Rules. The petitioners have done their Graduation with more than 50% marks in Hindi as an elective subject and they have also acquired the essential qualification of B.Ed and have also passed the mandatory Teachers Eligibility Test. The dates of acquiring of the qualificati
The amendment to the recruitment rules requiring batch recognition from the B.Ed issuance date does not violate constitutional rights and is justified based on the necessity of complete qualification....
For batch-wise teacher recruitment up to 31.03.2014, inter se seniority reckoned from basic degree (B.A.) certificate date per Note (i), not professional qualification (B.Ed.) date.
The main legal point established is that for the appointment of a teacher in a specific subject, a specialized degree in that subject, not a subsidiary one, is required as per the advertisement stipu....
Employment and Service matter - Post of contractual Hindi Teacher - Petitioner has got the basic qualification and training qualification along with B.Ed. from Jammu University, his application shoul....
State authorities have broad discretion to set educational qualifications for public service positions, and courts will not interfere unless there are statutory violations.
The inclusion of B.Ed. as eligibility for primary level teacher posts is illegal and undermines educational quality, necessitating the prioritization of D.El.Ed qualifications under the Right to Educ....
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