RAJESH Vs. STATE OF H.P.

JUDGEMENT

(1.) For filling up the post of Physical Education Teacher (PET) in the Department of Education, advertisement was issued by the H.P. Subordinate Services Selection Board (respondent No. 2 herein). Though, petitioner qualified the written test, but was not called for interview, for the reason that he "did not fulfill the essential qualification as per R & P Rules of the Post of P.E.T.". This is evident from communication dated 12.11.2013 (Annexure P-3), whereby petitioner's candidature stands cancelled. The prescribed essential educational qualification required under the Recruitment and Promotion Rules, for the Post of Physical Education Teacher in the Department of Elementary Education, reads as under:

(2.) Now, in the instant case, petitioner is an MA and M. Phil in Physical Education. Petitioner has acquired postgraduate degree in Physical Education from the Himachal Pradesh University. Also, he has acquired degree of M. Phil in the same subject.

(3.) It is brought to our notice that pursuant to judgment dated 16.8.2012, passed by a Coordinate Bench of this Court in CWP No. 5084/2012-I, titled as Amit Prarthi v. State of H.P. and another, and other connected matters, with respect to similarly situated persons, the State Government has already relaxed the condition of essential qualification, for the reason that petitioners therein had acquired qualification higher than the prescribed qualification. This judgment has attained finality.