Himachal Pradesh High Court
CWPOA/6256/2020 on 30 December 2022
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWPOA No. 6256 of 2020 Decided on : 30.12.2022 Bindu Bala
…Petitioner Versus State of H.P. & others …Respondents
Coram
Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? yes ________________________________________________ For the petitioner : Mr. Kush Sharma, Advocate. For the respondent(s) : Mr. Anup Rattan, Advocate General with Mr. Vinod Thakur and Mr. Shiv Pal Manahans, Additional Advocate Generals, for the respondentsState. Mr. B.Nandan
Vashishta, Advocate, for respondent No.
3. Mr. Angrej Kapoor, Advocate, for respondent No. 4.
Per Tarlok Singh Chauhan
, Judge
(oral): The instant petitions have been filed for grant of the following substantive reliefs: “i) That impugned Recruitment & Promotion Rues for the post of J.B.T. Class III( Non Gazetted) 2017, i.e. Annexure A3 may kindly be quashed and set aside or in alternative the clause 7 of the Recruitment & Promotion Rules for the post of J.B.T. Class III (Non Gazetted) 2017 may kindly be amended in pursuance to the qualification as being prescribed and amended vide notification dated 28.6.2018 (Annexure A4) i.e. “Graduation with atleast 50% marks and Bechelor of Education (B.Ed).
ii) That impugned notification dated 5.12.2018 i.e. Annexure A6 and impugned selection process vide advertisement dated 19.12.2019 i.e. Annexure A9 may very kindly be kept in abeyance qua the post of JBT Teachers till the necessary incorporation qua the minimum qualification in clause 7 of the Recruitment & Promotion Rules for the post of J.B.T. Class III (Non Gazetted), 2017 or in alternative the respondents be directed to allow the applicants to participate in the said selection process.”
2. The issue in question is covered by the judgment rendered by a Division Bench of this Court in CWPOA No. 6251 of 2020, titled as, ‘Vinod Kumar and others versus State of H.P. & others’, alongwith connected matters, decided on 26.11.2021. However, the issue in question is still pending before the Hon’ble Supreme Court as well as before this Court in Review Petition.
3. Accordingly, we deem it appropriate to dispose of the present petition by directing that the fate of this petition will abide by the outcome of the decision rendered by Hon’ble Supreme Court and also by the outcome of the decision in Review Petition, to be rendered by this Court. Ordered accordingly.
4. The pending application(s), if any, are also disposed of. (Tarlok Singh Chauhan) Judge
(Virender Singh) Judge 30.12.2022 Kalpana