JITENDER SINGH RANGTA AND ORS. Vs. STATE OF HIMACHAL PRADESH AND ORS.
HIGH COURT OF HIMACHAL PRADESH
Jitender Singh Rangta And Ors.
State of Himachal Pradesh and Ors.
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JYOTSNA REWAL DUA,J. -
(1.)These petitions involve common question of facts and law, hence, are taken up together for adjudication. For the sake of convenience, the factual position arising out of CWPOA No.51 of 2019 (O.A. No.3547 of 2016) has been considered hereinafter.
(2.)Whether the corrigendum dated 08.09.1988 issued under administrative power can legally substitute certain provisions of Recruitment and Promotion Rules for the post of Group Instructors notified under proviso to Article 309 of the Constitution of India on 15.10.1987 and published in the official Gazette on 06.06.1989, is the main question involved in all these petitions.
(3.)Following relevant facts are not in dispute:-
3(i) Recruitment and Promotion Rules for the post of Group Instructors in the respondent-Department of Technical Education, called as 'Himachal Pradesh, Technical Education, Vocational and Industrial Training Department, Recruitment and Promotion Rules, 1987 (in short 'R&P Rules'), were framed by the respondents in exercise of the powers conferred under proviso to Article 309 of the Constitution of India, vide notification dated 15.10.1987.
3(ii) Column No.10 of the R&P Rules provides for filling up 75% of vacancies by promotion and 25% by direct recruitment. Under Column No.11 of these rules, amongst other categories, Craft Instructors with five years of service as such are eligible for promotion to the posts of Group Instructors.
3(iii) Column No.7 of the R&P Rules prescribed following minimum educational and other qualifications required for direct recruitment to the posts of Group Instructors:-
i) Matric with Science and Math from recognized University/Board or equivalent.
ii) Three years Diploma in Engg. From a recognized State Board or Technical Education or equivalent.
iii) Two years experience in an Industrial Training Institution and or in a reputed industrial concern. Desirable:
Knowledge of customs and manner and dialects of H.P. suitability for appointment in peculiar condition prevailing in the Pradesh."
As per Column No.8 of these rules, the educational qualifications prescribed for direct recruitment are also required to be possessed by promotees. Column No.8 is extracted hereinafter:-
8. Whether age and Educational Age ............... No qualifications prescribed for direct will apply in the case of the Qualification ............... Yes promotees.
3(iv). The above mentioned R&P Rules for the post of Group Instructors were notified on 15.10.1987. This notification (Annexure A-3) provided in Clause 1(ii) that "These shall come into force from the date of publication in the Rajpatra, Himachal Pradesh." The rules were actually published in the Rajpatra on 06.06.1989.
3(v). On 08.09.1988, the Financial Commissioner-cum-Secretary issued following corrigendum, substituting the word 'Yes' with the word 'No' in Column No.8 of the R&P Rules for the post of Group Instructors:-
"No.STV(TE)B(2)4/85-II- Please substitute the word 'yes' with the word 'No' in column No.8 in the Recruitment and Promotion Rules for the post of Group Instructor/Foreman/ Milwright Foreman/Hd q. Surveyor/Superintendent (Tech.) (Authoritative English text) in the Technical Education, Vocational and Industrial Training Department, notified vide this Department notification No.STV (TE)B(2)4/85-II, dated the 14th October, 1987."
The above corrigendum was published in the Rajpatra on 24.09.1988.
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