An employer has the exclusive prerogative to amend recruitment rules, and seniority for batch-wise recruitment is determined based on the date a candidate acquires the minimum educational qualification prescribed under the rules in force at the time of recruitment.

Ajay Mohan Goel, Judge (Oral)

The petitioners, by way of this petition, inter alia have prayed for the following reliefs:-

“A. That the impugned act of respondent authorities be declared illegal, arbitrary and discriminatory whereby, they are considering the batch /seniority of the petitioners against the post of PET batch wise recruitment from the date they have acquired essential qualification in terms of amended R & P Rules, 2011 instead, from the date they had acquired essential qualification in term of pre-existing R & P rules, 1973.

B. Writ of Mandamus be issued by directing the respondent authorities to consider the seniority / batch of present petitioners for appointment against the post of PET on batchwise basis in District Mandi and Kullu from the date they had acquired essential qualification in terms of Pre- existing R and P Rules of 1973, as they have acquired / upgraded their academic and Professional qualification in terms of amended R and P Rules of 2011 for the post of PET and hence, become eligible.”

The petitioners after acquiring one year Diploma course in PET i.e. Physical Education, in terms of the Recruitment and Promotion Rules, prevailing at the relevant time for appointment as a PET, i.e. 1973 Rules got themselves enrolled in the respective Employment Exchanges. However, subsequently in the year 2011, the new Recruitment and Promotion Rules, 2010, for appointment against the post of Physical Education Teachers Class-III (Non Gazetted), 2010 (hereinafter to be referred as ‘the 2010 Rules’) were brought into force and Bachelor’s degree in Physical Education was made the minimum qualification for appointment against the post of PET. The petitioners acquired said qualification in the year 2013.

The contention of the petitioners is that their seniority for batch wise recruitment against the post of Physical Education Teacher should be construed from the date when they got themselves registered with the Employment Exchange on the strength of the one year Diploma course which was the requisite qualification at the time when they were enrolled with the Employment Exchange, whereas the contention of the Department is that their batch can be reckoned from the date when they acquired the qualification of Bachelor’s degree in physical education, which is the minimum qualification for appointment against the post in issue as per the Recruitment and Promotion Rules in vogue at the time of commencement of the process of recruitment.

It is the own case of the petitioners that when they completed one year Diploma in Physical Education, the 1973 Recruitment and Promotion Rules were in force. In terms of these Rules, the essential qualification prescribed for appointment against the post in issue was Matriculation with one year Diploma in Physical Education. It is also the pleaded case of the petitioners that in terms of Annexure P-3, vide Notification dated 10.01.2011, the Himachal Pradesh Elementary Education Department Physical Education Teachers Class-III (Non Gazetted), Recruitment and Promotion Rules, 2010, came into force and in terms thereof, the minimum qualification for appointment against the post of Physical Education Teacher was as under:-