LAWS(HPH)-2012-6-12

JOGINDER CHAUHAN S/O LATE MILKHI RAM CHAUHAN Vs. STATE OF HP THROUGH SECRETARY EDUCATION TO THE GOVT OF HP

Decided On June 11, 2012
JOGINDER CHAUHAN S/O LATE SH. MILKHI RAM CHAUHAN Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) SHORT grievance in this petition is that the amendment made to the Recruitment and Promotion Rules for the post of Principal (College Cadre), whereby a condition has been imposed that only Lecturers having 20 years' regular service in the College Cadre shall be eligible for promotion to the post of Principal is arbitrary, illegal and liable to be set aside.

(2.) THE petitioners are all ex-servicemen. THEir grievance is that this condition of 20 years' regular service in College Cadre has been added in the Rules by amendment only with a view to ensure that the ex-servicemen are ineligible to be promoted as Principals. Prior to this amendment, the relevant condition was three years of regular service in College Cadre.

(3.) MR. P.P. Chauhan, learned counsel for the petitioners submits that this condition is arbitrary, since the UGC guidelines only prescribes 10 years' service in the College Cadre.