REPORTABLE IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 6^th DAY OF APRIL, 2022 BEFORE HON'BLE MR. JUSTICE MOHAMMAD RAFIQ, CHIEF JUSTICE &

HON'BLE MR. JUSTICE SANDEEP SHARMA &

HON’BLE MS. JUSTICE JYOTSNA REWAL DUA CIVIL WRIT PETITION No. 4113 of 2019 A/W CIVIL WRIT PETITION No. 2930 of 2018

1. CWP No. 4113 of 2019 Between:

1. SHIMLA COLLEGE OF EDUCATION, SHEETAL KUNJ, KAMLA NAGAR, SANJAULI, SHIMLA THROUGH ITS CHAIRMAN DR. R K SHANDIL.

2. RAMESHWARI TEACHER TRAINING INSTITUTE, SARABAI, KULLU, DISTT. KULLU, THROUGH ITS CHAIRPERSON DR. USHA SHARMA.

3. TRISHA COLLEGE OF EDUCATION, THAIN (JOL SAPPAR), DISTT. HAMIRPUR, THROUGH ITS CHAIRMAN MR. RAJIV SHARMA.

4. ABHILASHI D.EL.ED. TRAINING INSTITUTE, NER CHOWK, DISTT. MANDI THROUGH ITS SECRETARY MR. NARENDER KUMAR. 5. KRISHMA EDUCATION CENTRE, NER CHOWK, DISTT. MANDI, THROUGH ITS SECRETARY MR. LALIT PATHAK.

6. SVN COLLEGE OF EDUCATION, TARKWARI (BHORANJ), DISTT. HAMIRPUR, THR OUGH ITS CHAIRMAN SH. N K SHARMA.

7. HAMIRPUR COLLEGE OF EDUCATION, RAM NAGAR, HAMIRPUR DISTT. HAMIRPUR THROUGH ITS CHAIRMAN SH. KARNAL JAI CHAND.

8. VAID SHANKAR LAL MEMORIAL COLLEGE OF EDUCATION, CHANDI, DISTT. SOLAN THROUGH ITS CHAIRMAN MR. CHANDER MOHAN.

9. JAI BHARTI COLLEGE OF EDUCATION, LOHARIN, DISTT.

HAMIRPUR, THROUGH ITS CHAIRMAN MR. J. K. CHAUHAN.

10. JAGRITI TEACHER TRAINING COLLEGE DEODHAR, MANDI, DISTT MANDI THROUGH ITS CHAIRMAN DR. VEENA RAJU.

11. VIJAY MEMORIAL COLLEGE OF EDUCATION BHANGROTU, DISTT. MANDI, THROUGH ITS CHAIRMAN MR. GAURAV MARWAH.

12. RAJ RAJESHWARI COLLEGE OF EDUCATION, CHORAB (BHOTA)

HAMIRPU2. R, THROUGH ITS CHAIRMAN SH. MANJEET DOGRA.

13. KSHATRIYA COLLEGE OF EDUCATION, KATHGARH ROAD, CHANOUR, INDORA, DISTT. KANGRA THROUGH ITS CHAIRMAN SH. SHATRUJEET.

14. KLB DAV COLLEGE FOR GIRLS, PALAMPUR, DISTT. KANGRA, THROUGH ITS DIRECTOR DR. N. D. SHARMA.

15. KULLU COLLEGE OF EDUCATION, VILLAGE BOHGANA P.O.

GARSA, DISTT. KULLU, THROUGH ITS CHAIRMAN MR. SURENDER SOOD.

16. R. C. COLLEGE OF EDUCATION, DHANOTE, P.O. ADHWANI (DEHRA) DISTT. KANGRA THROUGH ITS CHAIRMAN MR. JEEVAN.

17. SHIKSHA BHARTI INSTITUTE OF EDUCATION, TRAINING &

RESEARCH, SAMOOR KHURD (UNA) THROUGH ITS CHAIRMAN MR. NIRMAL.

18. SHANTI COLLEGE OF EDUCATION, KAILASH NAGAR, NAKROH (UNA) THROUGH ITS CHAIRMAN SH. VED PRAKASH.

...PETITIONERS (BY SH. SHRAWAN DOGRA, SENIOR ADVOCATE WITH MR. TEJASVI DOGRA, ADVOCATE)

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITS PRINCIPAL SECRETARY (EDUCATION)

TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-171002, H.P.

2. DIRECTOR, ELEMENTARY EDUCATION, GOVERNMENT OF HIMACHAL PRADESH, SHIMLA – 171 001, H.P.

3. H.P. BOARD OF SCHOOL EDUCATION, DHARAMSHALA, DISTRICT KANGRA, H.P.

THROUGH ITS SECRETARY.

...RESPONDENTS (SMT. RITTA GOSWAMI, ADDITIONAL ADVOCATE GENERAL FOR R-1 & 2, SH. VIR BAHADUR VERMA, ADVOCATE, FOR R-3)

2. CWP N o . 2930 of 2018 Between:

JAI BHARTI EDUCATION TRUST, JAI BHARTI COMPLEX, LOHARIN, P.O. KHIAH, TEHSIL AND DISTT. HAMIRPUR (H.P.) THROUGH ITS SECRETARY SH. UPENDER K. CHAUHAN.

....PETITIONER (BY MS. SUMAN THAKUR, ADVOCATE)

AND

1. STATE OF HIMACHAL PRADESH, THROUGH ITS PRINCIPAL SECRETARY (EDUCATION)

HIMACHAL PRADESH).

2. THE DIRECTOR, DIRECTORATE OF ELEMENTARY EDUCATION, HIMACHAL PRADESH, SHIMLA -1 (H.P.)

3. HIMACHAL PRADESH BOARD OF SCHOOL EDUCATION, THROUGH ITS SECRETARY, DHARAMSHALA, DISTT. KANGRA (H.P.) 4. THE STATE PROJECT DIRECTOR (SSA/RMSA)

DIRECTORATE OF EDUCATION.

...RESPONDENTS (SMT. RITTA GOSWAMI, ADDITIONAL ADVOCATE GENERAL, FOR R-1, 2 & 4, SH. VIR BAHADUR VERMA, ADVOCATE, FOR R-3)

_______________________________________________________________

RESERVED ON : 25.03.2022 PRONOUNCED ON : 06.04.2022 These Civil Writ Petitions coming on for pronouncement of judgment this day, Hon'ble Mr. Justice Mohammad Rafiq, passed the following:

O R D E R

These matters have been referred to the Full Bench by order of the Division Bench dated 10.1.2020, in view of the conflict of opinion between the Division Bench judgment of this Court dated 20.9.2010 inr CWP No. 5728 of 2010, titled H.P. B.Ed College Association and ors. vs.