Himachal Pradesh High Court
Som Krishan vs . State Of Hp And Others on 28 April, 2025
Bench: Vivek Singh Thakur, Sushil Kukreja
Som Krishan vs. State of HP and others CWP No. 6967 of 2025 28.04.2025 Present: Mr. Naresh K. Sharma, Advocate for the petitioner.
Mr. Raj Negi, Deputy Advocate General, for respondents No.1 and 2.
Mr. Chander Shekhar Sharma, Advocate for respondent No.3.
CWP No. 6967 of 2025 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.
Time, as prayed, is granted. List for consideration before the appropriate Bench on 19th May, 2025.
CMP No. 8953 of 2025
Notice in aforesaid terms.
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.
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 (iii), 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 issued for 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.
Rule 7 (a)(1)(i) of R&P Rules 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." 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, breckets 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."
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.
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.
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 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
April 28, 2025 (Sushil Kukreja)
(ms) Judge