NEELAM KAUSHAL Vs. STATE OF H.P.

JUDGEMENT

(1.) This writ petition raises an interesting question of law. The question which arises is whether the trained Graduate teachers working in the department of Education in the Government of Himachal Pradesh, who were promoted as Lecturers in the Higher Secondary Schools (now Senior Secondary Schools) can be considered to be eligible for the post of Head Master/Head Mistress in the High Schools.

(2.) To appreciate the legal issue involved it would be necessary to make reference to the Recruitment and Promotion Rules for the aforesaid two posts. The post of Head Masters/Head Mistresses in the High Schools are to be filled 100% by promotion from amongst trained graduate teachers, Home Science Mistresses, Commerce teachers, and Agrl. teachers with 8 years regular service in the grade and possessing professional qualifications of BT/B. Ed. or its equivalent.

(3.) For the post of Lecturers in High Secondary Schools (now Senior Secondary Schools) 50% of the posts are to be filled in by promotion and 50% by direct recruitment. Promotion is to be made from amongst the trained Graduate Teacher/Home Science/ Mistresses/ Commerce teachers/ Agril. Masters possessing qualifications prescribed for direct recruits; i.e post graduation in the concerned subject.