GOVT. POST GRADUATE COLLEGE, BILASPUR, DISTRICT BILASPUR, HIMACHAL PRADESH Vs. STATE OF HIMACHAL PRADESH THROUGH PRINCIPAL SECRETARY (EDUCATION) TO THE GOVERNMENT OF HIMACHAL

JUDGEMENT

(1.) SINCE common questions of law are involved and the facts are also almost the same in all these petitions, the same were directed to be heard together vide order dated 9.12.2011 and are being disposed of by a common judgment. However, in order to maintain clarity, the facts of CWP No. 7662 of 2011 have been taken into consideration. CWP No. 7662 of 2011. Petitioners are working as Assistant Librarians in the respondent -department. They are holding Bachelor and Master's Degrees in Library and Information Science. The respondent -State has framed the rules under Article 309 of the Constitution of India, called "the Himachal Pradesh Education Department Class -III (Technical) Service (Recruitment, Promotion and certain conditions of Service) Rules, 1971. These Rules have come into force with effect from 24th December, 1973. According to these rules, the mode of recruitment for the post of District Librarian/College Librarian/Junior Librarian (Central State Library, Solan) was 75% by way of promotion from amongst the Assistant Librarians/College/School/Public and Community Centre Librarians on the basis of seniority -cum - merit, subject to the fulfillment of minimum educational qualifications prescribed and 25% by direct recruitment. The relevant Rules 6 and 7 of the said Rules are reproduced as under: - Educational and technical qualification of Candidates - No person shall be appointed to the service unless in the case of appointment to the post of: - (ii) District Librarian/College Librarian/Junior Librarian (Central State Library, Solan) - He is graduate of a recognized University with diploma in Library Science from a recognized institution. (iii) Assistant Librarians (College/School/Public and community Central Libraries - He has passed at least Matriculation or its equivalent examination of any recognized University/Board with certificate in Library Science from a recognized institution.

(2.) METHOD of Recruitment: Post in the service shall be filled either by promotion or direct appointment in the following manner: - (b) 25% by direct recruitment. (ii) District Librarian/College Librarian/Junior Librarian (Rs. 220 -500) -(a) 75% by promotion from amongst assistant Librarians (125 -300) College, School Public and Community Centre Libraries on the basis of seniority -cum - merit: provided they fulfill minimum prescribed qualifications, failing which by direct recruitment.

(3.) ASSISTANT University Librarian/College Librarian/ Documentation Officer: i. Qualifying the national level test conducted for the purpose by the UGC or any other agency approved by the UGC. ii. Master's Degree in Library Science/ Information Science/Documentation or an equivalent professional degree with at least fifty five percent marks or its equivalent grade plus a consistently good academic record OR Master's degree in Arts/ Science/ Commerce or equivalent degree with at least fifty five percent marks or its equivalent grade with Bachelor's degree in Library Science/ Information Science/Documentation or an equivalent professional degree with at least fifty five percent marks or its equivalent grade plus a consistently good academic record; Minimum qualifications for appointment to the posts of Librarian, Dy. Librarian, Assistant Librarian/College Librarian & Documentation officer. (Rs. 4500 -150 -5700 -200 -7300).