GULSHAN KUMAR DHIMAN Vs. STATE OF H.P.

JUDGEMENT

(1.) The moot question in all these writ petitions is whether the respondents while filling up the post of Principal (College Cadre) and prescribing the essential qualification as Master Degree from a recognised University could have prescribed a further condition that the candidate should have studied the 'concerned subject' at the graduation level?

(2.) It is not in dispute that the petitioner(s) passed graduation in different subjects to the one in which they acquired their masters. Like the petitioner in CWP No. 9042 of 2023 graduated and studied mathematics at his graduation level while he did post-graduation in Commerce and was appointed as Lecturer in the subject of Commerce after being selected by the Himachal Pradesh Public Service Commission, Shimla in the year, 1997. The petitioner had an excellent academic career as he is Ph.D. in Commerce and has qualified the State Eligibility Test (SET) as also the National Eligibility Test (NET) and had then applied for the post of Principal pursuant to an advertisement dtd. 21/12/2022 issued by the respondents for filling up 25 posts of Principal (College Cadre).

(3.) The respondent-State has filed its reply wherein it is averred as under:- "2. That the H.P. Public Service Commission vide its letter dtd. 29/7/2010 has requested to intimate it about the amendment to be carried out, if any, in the existing provision of the rules for the posts of Principals, Lecturers (College Cadre) in Education Department in the light of UGC Notification dtd. 28/6/2010. It is further submitted that the Department i.e. replying respondent vide letter dtd. 17/8/2010 requested Director Higher Education to examine the proposal regarding minimum qualification for the appointment of Principal (CC) in the light of Notification dtd. 9/7/2010 issued by the Registrar, H.P.U and UGC Notification dtd. 28/6/2010. 3. That it is respectfully submitted that the matter regarding the amendment to be carried out in the R and P Rules was taken up with the Department of Personnel for its advice and the Department of Personnel advised as under: