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 petitioner by way of present writ petition, has challenged the appointment of private respondent No.6 to the post of Language Teacher (Ortho) under the Reserved Category of Persons with Disabilities, made vide office order dated 21.06.2014.

2. The precise grouse raised by the petitioner in the writ petition is that the petitioner had obtained the qualification of Bachelor of Arts in the year 2009 and thereafter did her Bachelor of Education (B.Ed.) in the year 2010. Thereafter, she qualified the Teachers Eligibility Test (TET) in the year 2013.

3. So far as private respondent No.6 is concerned, he completed his Bachelor of Arts in the year 1999. Thereafter, he did Bachelor of Education (B.Ed.) in the year 2013. However, before doing Bachelor of Education (B.Ed.) in the year 2013, private respondent No.6 had passed his Teachers Eligibility Test (TET) in the year 2011.

4. Learned counsel for the petitioner vehemently contended that since respondent No.6 had done his Bachelor of Education (B.Ed.) in the year 2013, he could not have been considered senior to the petitioner in view of the Recruitment and Promotion Rules, 2009, promulgated by the State Government of Himachal Pradesh on 16.11.2013, for the post of Language Teacher. As per the Notification dated 16.11.2013 (Annexure A-9), one of the essential qualifications prescribed under the Himachal Pradesh Elementary Education Department, Language Teacher (Class-III) (Non-Gazetted) Recruitment and Promotion Rules, 2009 is “B.A. with at least 50% marks with Hindi as an elective subject and 1-year Bachelor in Education (B.Ed.).”

5. Learned Counsel has also referred to Note (4), which prescribes that “Priority shall be given to those eligible candidates who possess the minimum qualifications specified in NCTE Notification dated 23rd August, 2010, as amended from time to time, and thereafter other candidates will be considered with the relaxed qualifications. This relaxation shall be valid up to 31.03.2014.” According to the learned Counsel for the petitioner, once Note (4) provides that priority shall be given to those eligible candidates, who possess the minimum qualifications specified in the NCTE Notification dated 23.08.2010, then the candidature of the petitioner ought to have been considered for the post of Language Teacher under the category of Persons with Disabilities, since she had acquired the qualification of B.Ed. in the year 2010, which is prior to that of private respondent No.6 in the year 2013.

6. The respondents have filed the reply to the petition and have supported the appointment of private respondent No.6.

7. Private respondent No.6 has also filed reply to the petition and placed reliance upon the Notification dated 16.11.2013, more particularly Note (i) appended to the notification, wherein it has been mentioned that for “batch wise recruitment to be made up to 31.03.2014, the batch would be reckoned from the date of issuance of the original certificate of B.A. with Hindi as elective subject/B.A. after Prabhakar by passing English and additional subject/M.A. Hindi, on the basis of which eligibility of the candidate is reckoned”.

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

9. Mr. Ashwani K. Sharma, learned counsel for the petitioner vehemently argued that once the essential qualification to hold the post of Language Teacher is B.A. with at least 50% marks with Hindi as an elective