Himachal Pradesh High Court

CWP/8002/2010 on 29 December 2011

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

CWP No. 8002 of 2010.

Decided on: 29th December, 2010.

Smt. Anita Kumari & others.

….Petitioners.

Versus

State of H.P. & others.

….Respondents.

Coram

The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Sharma, Judge.

For the petitioners : Mr. Abhinay Sharma, Advocate.

For the Respondents : Mr. R.K. Bawa, Advocate General,

with Mr. J.K. Verma, Dy. Advocate

General.

------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral)

The petitioners have passed Prabhakar/Hindi Visharad from Hindi Sahitya Samellan Allahabad. It is not a qualification prescribed under the Recruitment and Promotion Rules for appointment to the post of Language Teachers. In the impugned order, passed pursuant to the judgment of this Court, the Government has taken the stand that the petitioners cannot be permitted to participate in the selection. No doubt, this Court has held that as per the Recruitment and Promotion Rules, now stand, Prabhakar/Hindi Visharad from Hindi Sahitya Samellan is not a qualification and, therefore, the impugned order cannot be faulted. The prayer of the petitioners is that the Government may be directed to consider their request for inclusion of this qualification in the Recruitment and Promotion Rules. It is for the petitioners to approach High Court of H.P. 2010:HHC:13011-DB ::: Downloaded on - 05/11/2026 12:04:59 :::CIS

2 the Government for amendment of the Recruitment and Promotion Rules. The judgments referred to in the impugned order have only dealt with the position of Recruitment and Promotion Rules, as they stand now. Therefore, those judgments will not stand in the way of Government considering the amendment of Recruitment and Promotion Rules. It is ultimately for the Government to prescribe the Rules providing for any qualification for appointment of the teachers, in the larger public interest and in the interest of the students. Therefore, this writ petition is disposed of making it clear that it will be upon to the petitioners to approach the government for appropriate amendment in the Recruitment and Promotion Rules.

2. With these observations the writ petition is disposed of so also the pending application (s), if any. Dasti copy.

(Justice Kurian Joseph),

Chief Justice

29th December, 2010

( Justice V.K. Sharma),

(Karan/kck)

Judge.

High Court of H.P. 2010:HHC:13011-DB ::: Downloaded on - 05/11/2026 12:04:59 :::CIS

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