AMITA DEVI Vs. H. P. STAFF SELECTION COMMISSION
LAWS(HPH)-2021-3-41
HIGH COURT OF HIMACHAL PRADESH
Decided on March 10,2021

AMITA DEVI Appellant
VERSUS
H. P. Staff Selection Commission Respondents

JUDGEMENT

Sureshwar Thakur,J. - (1.) The writ petitioner herein, applied for the advertised post/vacancy, of, Language Teacher (Post Code 569), and, her, thereagainst application, was made under the category of OBC (UR). However, her candidature against the afore post, became rejected, by the respondent, on the ground of hers, not fulfilling the requisite qualification, thereupon, she has been led to institute the extant writ petition, claiming therein the relief of a mandamus being made, upon, the respondent, hence for considering her for selection, and, appointment, to the advertised post, of, Language Teacher.
(2.) The validity of the afore averment, as, cast before this Court, becomes enjoined to be tested, upon, the trite fulcrum of essential qualification(s), as, become prescribed qua the afore advertised post, and, as become borne in the relevant Recruitment and Promotion Rules. An allusion to the apposite to the advertised post, norms carried in the R & P Rules, and, as existing at page 21, of, the paper book, become(s) extracted hereinafter:- "1. B.A. with Hindi as an elective subject, and, 2-years Diploma in Elementary Education (by whatever name known) or B.A. with at least 50 marks with Hindi as an elective subject and 1-year Bachelor in Education (B.Ed.) or B.A. with at least 45% marks with Hindi as an elective subject and 1-year Bachelor in Education (B.Ed.) in accordance with NCTE (Recognition Norma & Procedure) Regulations issued from time to time in this regard. Or. B.A. with at least 50% marks with Hindi as an elective subject and 1-year Bachelor in Education (B.Ed.) Special Education. Or. Prabhakar (Honours in Hindi) with 50% followed by B.A. examination ( English and one additional subject) with 50% marks from a recognized University and 1 year Bachelor in Education (B.Ed.). or M.A. (Hindi) with at least 50% marks from a recognized university and 1 year Bachelor in Education (B.Ed.) AND Pass in Teacher Eligibility Test (TET Language Teacher), duly conducted by HP Board of School Education, Dharamshala provided that the incumbents who have already qualified the Teacher Eligibility Test (TET) conducted by the H.P. Subordinate Services Selection Board."
(3.) From the afore, it has to be gauged, whether the two amongst the germane to the petitioner, rather various eligibility criteria, as, carried in the apposite R & P Rules, and, both also hence germane, and, relevant to the advertised post, become satiated, by the writ petitioner, inasmuch, as (a) whether she is B.A. with Hindi as elective subject, also whether along therewith, she has, two years Diploma in Elementary Education, (b) and/or she along with hers being Prabhakar (Honours in Hindi) with 50% marks, she also holds Bachelor degree (English and one additional subject) with 50% marks, and, one year Bachelor in Education (B.Ed.). In testing whether any of the afore alternative imperative criteria, as become prescribed, in the unchallenged R & P Rules, become satiated by the writ petitioner, a, reading of the unrebutted averments, hence, cast in the reply, on affidavit furnished to the writ petition by the respondents, (i) reveals that the writ petitioner, did not, during the entire run up of hers acquiring a Bachelor(s) degree in Arts, or till the end of the course, studied Hindi, as, an elective subject, (ii) thereupon, one of the afore alluded eligibility criteria, and, whereons the writ petitioner, could place valid statutory reliance rather becomes completely unaccomplished by her.;


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