An employer is not legally bound to fill future vacancies from a previously prepared promotion panel; they may initiate a fresh selection process when new vacancies arise and new candidates become eligible, provided seniority is respected.

By way of present petition(s), the petitioner(s) have prayed for the following substantive relief(s):-

“ In CWPOA No.4011 of 2020

(i) That the Respondents may kindly be directed to consider the Applicant for promotion against the posts of TGT(Arts) against 15% quota on the basis of tentative panel of TET pass in service JBTs prepared and circulated by the Respondent No.2 on 17.08.2016 Annexure A-7.

(ii) In the alternative the tentative panel of TET pass in service JBT circulate by Respondents as on 05.06.2017 Annexure A-10 may kindly be quashed and set aside.

In CWPOA No.6528 of 2019

(i) That the Respondents may kindly be directed to consider the Applicants for promotion against the posts of TGT(Arts) against 15% quota on the basis of tentative panel of TET pass in service JBTs prepared and circulated by the Respondent No.2 on 17.08.2016 Annexure A-4.

(ii) In the alternative the tentative panel of TET pass in service JBT circulated by Respondents shall be 05.06.2017 Annexure A-7 may kindly be quashed and set aside and the same may be directed to be re-drawn by recokning the seniority from the date of acquisition of eligibility.”

2. For the purpose of adjudicating the claim in petition(s), the facts of CWPOA No.6528 of 2019 are taken.

3. The precise grouse of the petitioners as averred in the writ petition is that they are working as Junior Basic Teachers (for short “JBT”) with the respondents-State and all of them are qualified Bachelor of Arts (for short “B.A.”) along with Bachelor of Education (for short “B.Ed.”) from duly recognized universities and institutions. As per the Recruitment and Promotion Rules, called as the Himachal Pradesh, Elementary Education Department, Trained Graduate Teacher, Class-III (Non-Gazetted), Recruitment and Promotion Rules, 2009 (for short “R&P Rules, 2009”), the post of Trained Graduate Teachers, Arts (for short “TGT Arts”), can be filled up 25% by promotion (15% from JBT & 10% from C&V) and 75% by direct recruitment on regular basis or recruitment on contract basis. A person who is having B.A./B.Com. with at least 50% marks and one year B.Ed. or other qualifications as prescribed and had passed Teacher Eligibility Test (for short “TET”) conducted by the HP Subordinate Services Selection Board, in accordance with guidelines framed by NCTE for the purpose, is eligible to be appointed against the post of TGT Arts. However, a person who is appointed as JBT can be considered against 15% quota meant for promotion with essential qualification of atleast five years regular service or regular combined with continuous adhoc service rendered, if any, in the grade. The petitioners have averred that since they were having the aforementioned essential qualifications, the respondents-State had prepared a tentative panel of TET pass in-service JBTs to be considered for promotion to the post of TGT (Arts) against 15% quota as on 31.07.2016. Vide communication dated 17.08.2016 (Annexure A-4), all the Deputy Directors of Elementary Education, Himachal Pradesh were directed to bring to the notice of all the eligible candidates the tentative penal and objections were sought till 31.08.2016 and thereafter no objections will be entertained. The tentative panel was also uploaded on the departmental website. The petitioners have pleaded that out of the said panel only 159 posts of TGTs were filled up and the candidates figuring after 159 were not promoted and the respondents initiated the fresh process, when it had called the names of TGT panel amongst TET pass in-service JBTs possessing B.A./B.Com. & B.Ed. as per the existing R&P Rules for promotion as TGT (Arts) in the year 2017 (Annexure A-6).

4. The resp