DESH RAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE grievance of the petitioners is that they possessed necessary qualification as per the Rules framed in the year 1975. In that, they were matric with one year's diploma in Physical Training. However, because of the introduction of new Rules by the State titled as Himachal Pradesh, Elementary Education Department, Physical Education Teacher Class-III (Non-Gazetted) Recruitment and Promotion Rules, 2010 and as amended on 10th January, 2011, the petitioners have become ineligible to apply for the post of Physical Education Teachers which has been advertised on 15th September, 2012 and 20th May, 2013 respectively.

(3.) IT is indisputable that the Rules of 2010 have been framed in the light of mandate contained in Right of Children to Free and Compulsory Education Act, 2009 and the Rules framed there-under. In any case, it is for the employer / department to decide the essential educational qualification qua the post advertised and, moreso, in terms of the Rules framed in exercise of power under Article 309 of the Constitution of India as in this department to provide for qualification of their choice.