PREM SAGAR Vs. STATE OF H.P.

JUDGEMENT

(1.) As common questions of facts and law are involved in both these petitions, they are being disposed of by a common judgment.

(2.) The controversy involved in these petitions is in a very narrow compass. The petitioners were appointed as JBT Teachers. The next promotional post from the post of JBT Teacher is TGT(Arts). Vide Notification dated 22.10.2009, the Elementary Education Department, brought into force the Himachal Pradesh Elementary Education Department, Trained Graduate Teacher Clause-III (Non-Gazetted) Recruitment and Promotion Rules 2009. In terms of Clause 11 thereof, the post in issue, inter-alia, was to be filled in 15% by way of promotion from amongst the in service JBTs possessing the educational qualification as prescribed in Column No. 7 thereof, who had at least five years regular service or regular combined with continuous ad-hoc service rendered, if any, in the grade. Clause 7 of the Recruitment and Promotion Rules, inter-alia, provided that minimum educational qualification for being appointed as a TGT Teacher was B.A.B.Ed/B.El.Ed with English as an elective subject. Clause 7 of the Recruitment and Promotion Rules, as stood incorporated in the 2009, is being reproduced here-in-below:-

(3.) These Rules were amended vide Notification dated 31st May, 2012 (Annexure A-2) appended with CWPOA No. 5062 of 2019. By way of amendment, which was now carried out, a condition stood imposed in Column No. 7 to the effect that the essential academic and professional qualification for being appointed as TGT (Arts), which obviously included promotion also, was graduation with 50% marks as well as passing of Teacher Eligibility Test to be conducted by the H.P. Subordinate Services Selection Board. The petitioners are aggrieved by this amendment which stood incorporated in the Recruitment and Promotion Rules.