Himachal Pradesh High Court
Unknown vs Som Krishan V. State Of H.P on 30 April, 2025
Bench: Vivek Singh Thakur, Sushil Kukreja
Som Krishan v. State of H.P. CWP No.6967 of 2025 30.4.2025 Present: Mr. Naresh K. Sharma, Advocate, for the petitioner.
Mr. Rakesh Dhaulta, Additional Advocate General, for respondents No.1&2.
Mr. Chander Shekhar Sharma, Advocate, for respondent No.3.
CWP No. 6967 of 2025 This matter has been taken up for carrying out correction in order dated 28.4.2025. Order dated 28.4.2025, after rectifying the mistake, which could not be corrected due to oversight, shall read as under:
"Notice. Mr. Raj Negi, learned Deputy Advocate General, appears and waives service of notice on behalf of respondents No.1 and 2 and Mr. Chander Shekhar Sharma, Advocate, appears and waives service of notice on behalf of respondent No.3. They seek two weeks' time to have instructions and to file reply, if required.
2. Time, as prayed, is granted. List for consideration before the appropriate Bench on 19th May, 2025.
CMP No. 8953 of 2025
3. Notice in aforesaid terms.
4. Learned counsel for petitioner submits that petitioner is aspirant to the post of Special Educator as he has required qualification for that post but for omission and commission on the part of respondents there is every possibility that his application for appearing in Himachal Pradesh TET shall be rejected.
5. Referring the Recruitment and Promotion Rules for the post of Special Educator (For Pre-Primary to Class-V), Group-C, (Non-Gazatted) in the Department of Elementary Education, Himachal Pradesh, especially Rule 7(a)(1)(i) and & 7(a)(1)(iii); and Rule 7(a)(i) and 7(a)(iii) of the Himachal Pradesh Elementary Education Department, Special Educator (For Class-VI to Class- XII), Group-C (Non-Gazetted), Recruitment and Promotion Rules, 2024, he has submitted that though by way of amendment carried out by the National Council for Teacher Education and as per provisions in the R&P Rules, the essential qualification for Special Educator for appearing in TET was to be notified in consonance with NCTE amendment and provisions of R&P Rules but in Prospectus issuedfor conducting Teacher Eligibility Test by respondent No.3/Board essential qualification has been prescribed contrary to the provisions of R&P Rules as well as NCTE Guidelines/Amendments.
6. Rule 7 (a)(1)(i) & 7(a)(1)(iii) of R&P Rules for the post of Special Educator (For Pre-Primary to Classs-V), Group-C (Non-Gazetted); and Rule & reads as under:-
"7. Educational Qualification
(a) ESSENTIAL QUALIFICATION:- (1) Special Educator (Pre-Primary to Class-V):-
(i) 10+2 from recognized Board with at least 50% marks or Graduation in any stream from Recognized University.
... ... ...
Rules 7(a)(1)(iii) reads as under:-
(iii) Six-months training of teaching in cross disability area in the inclusive education(**).
... ... ...
(**) If the proposed programme (cross disability-top up courses being developed by RCI as on in service training is not available same may be dropped from the qualification with a condition that those recruited with D-
Ed/B.ED Special Education have to compulsory undergo aforesaid training as soon as same is conducted.
... ... ..."
Rule 7 (a)(i) & 7(a)(iii) of R&P Rules for the post of Special Educator (For Class-VI to Class-XII), Group-C (Non-Gazetted) reads as under:-
"7. Educational Qualifications:
(a) ESSENTIAL QUALIFICATION:-
(i) Graducaiton in any stream from a recognized University with atlest 50% marks.
... ... ...
(ii) Six-months training of teaching in cross disability area in inclusive education(**) ... ... ...
(**) If the proposed programme (cross disability/top up courses being developed by RCI as on in service training is not available same may be dropped from the qualification with the condition that those recruited with D.Ed./B.ED. Special Education have to compulsory undergo aforesaid training as soon as same is conducted.
... ... ..."
7. The Notification dated 13th November, 2019, carrying out the amendment by NCTE, with respect to essential qualification referred by petitioner, provides as under:-
"(1) In the said notification in paragraph 1, in sub-
paragraph(ii)-(A) in clause (a) for the words, figures, brackets and letters "Graduation with at least 50% marks and 1 year Bachelor in Education (E.Ed.), the words, figure and letters "At least 50% marks either in Graduation or in Post-Graduation and B.Ed." shall be substituted."
8. Claim of petitioner is that the conditions in the Prospectus regarding training Clause and eligibility criteria are not in consonance with R&P Rules and amendments carried out by NCTE and therefore, despite fulfilling the qualification prescribed after amendment of NCTE and R&P Rules the application of petitioner shall be rejected.
9. It has been further submitted that last date for submitting the application without late fee is 30th April, 2025 and therefore, by next date irreparable loss would be caused to petitioner if his application is rejected by respondents.
10. A prima-facie case is made out in favour of petitioner and therefore, respondents are directed to entertain the application to be submitted by petitioner for the post of Special Educator (For Pre-Primary to Class-V) and Special Educator (Class-VI to Class-XII), provisionally by not rejecting the same for the essential qualification published in Prospectus referred supra, subject to further order passed in matter by Court but with rider that the petitioner must fulfill the other eligibility conditions.
Reply to application be filed within two weeks. List for consideration along with main petition on next date."
(Vivek Singh Thakur)
Judge
( Sushil Kukreja )
April 30, 2025(sd) Judge