IMPORTANT POINT
Appointments made as per policies cannot be termed as illegal and for no fault of them, appointees cannot be denied regularisation/absorption.

JUDGMENT

R. Subhash Reddy, J.

1. All these civil appeals are filed against a common judgment dated 09.12.2014 passed by the Division Bench of High Court of Himachal Pradesh at Shimla in L.P.A.No.504 of 2012 and batch. The said Letter Patent Appeals were filed, aggrieved by the order of the learned Single Judge dated 18.10.2012 passed in C.W.P.No.3303 of 2012-A. When, Letters Patent Appeals were filed in L.P.A.Nos.504, 507, 512 of 2012 and 203 of 2014, they were heard and disposed of by the Division Bench along with the other connected writ petitions pending on similar issues.

2. The writ petitions and Letters Patent Appeals are the outcome of the policies framed by the Government of Himachal Pradesh, i.e., The Himachal Pradesh Prathmik Sahayak Adhyapak/Primary Assistant Teacher (PAT) Scheme; The Himachal Pradesh Para Teachers (Lecturer School Cadre), Para Teachers (TGT’s) and Para Teachers (C&V) Policy, 2003 and the Himachal Pradesh Gram Vidya Upasak Yojna, 2001. Such schemes were framed to fill up various vacant posts of teachers in different categories as per the policies framed by the Government during the years 2001 and 2003.

3. Though the policies and appointments were of 2001 and 2003, three individuals, by name, Chander Mohan Negi; Rajiv Chauhan; and Rakesh Kumar have approached the High Court in the year 2012 by filing C.W.P.No.3303 of 2012-A before the High Court of Himachal Pradesh seeking the following reliefs :

“i) That respondents may kindly be directed to fill up the available vacancies of the Junior Basic Trained teachers in accordance with Recruitment and Promotion Rules.

ii) That the respondents may further be restrained from regularizing the Primary Assistant Teachers who have been appointed in violation of Constitutional Schemes and Law established and settled by the Hon’ble Apex Court with further directions to the respondents to advertise all the available vacancies of Junior Basic Trained teachers in the Education Department to be filled in accordance with Recruitment and Promotion Rules without any further delay and all the vacancies may be filled up in accordance with Recruitment and Promotion Rules available at the time of occurrence of the vacancies.

iii) That the respondents may kindly be burdened with costs.

(iv) That the entire record of the case may kindly be summoned.”

4. The learned Single Judge of the High Court, by order dated 18.10.2012 mainly on the ground that such appointments were made by the State by appointing the Primary Assistant Teachers to impart education upto primary level, who even do not fulfil the minimum essential qualification prescribed under the Recruitment and Promotion Rules and the State has failed to produce any material to show that the candidates who are possessing JBT degrees have refused to serve in tribal/difficult areas, the recruitment of such teachers de hors the Recruitment and Promotion Rules amounts to back door entry, has allowed the writ petition by directing the State to phase out the teachers appointed under The Himachal Pradesh Prathmik Sahayak Adhyapak/Primary Assistant Teacher Scheme, 2003 in a phased manner and to fill up the existing vacancies of JBT posts strictly in accordance with the Recruitment and Promotion Rules. The learned Single Judge has further directed the State not to regularise the teachers.

5. Aggrieved by the order of the learned Single Judge dated 18.10.2012 passed in C.W.P.No.3303 of 2012-A, the affected/aggrieved parties, individual teachers, Association of Primary Assistant Teachers, and the State of Himachal Pradesh have filed Letters Patent Appeals. The said appeals were heard along with the writ petitions wherein appointment of teachers under the other two schemes, namely, Para Teachers Policy of 2003 and the Himachal Pradesh Gram Vidya Upasak Scheme of 2001 was under challenge. By common impugned judgment dated 09.12.2014 Division Bench of High Court has allowed the Letters Patent Appeals by setting aside the order of the learned Sin