LAWS(HPH)-2023-8-53

RAVINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On August 21, 2023
RAVINDER KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) All these petitions are being decided by a common order as the identical question of facts and law are involved. For the sake of convenience, the facts involved in CWPOA No. 2892 of 2020 are being referred.

(2.) By way of these petitions, petitioners have assailed notification dtd. 23/8/2016, issued by amending the 'Himachal Pradesh Higher Education Department, Post Graduate Teachers, Class-III (Non- Gazetted), Recruitment and Promotion Rules, 2010', to the extent it prescribes the essential qualification of teaching experience of five years or more as a Computer Teacher in schools of Himachal Pradesh, for appointment to the post of Post Graduate Teacher (Informatics Practice) {for short 'PGT (IP)' }.

(3.) The grievance of the petitioners against above amendment, as set out in the petition, is on two counts. Firstly, petitioners allegedly have suffered disqualification for being considered for appointment to the post of PGT (IP) as they do not hold requisite experience and secondly, it has been alleged that the rule has been so framed to suit a particular class, which initially had succeeded in securing public employment in violation of the mandate of Articles 14 and 16 of the Constitution of India.