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Brij Lal Sharma and Others vs State of H.P.

High Court Of Himachal Pradesh · Decided on 28 April 2011 · Citation: (2011) 04 SHI CK 0051

HON’BLE JUDGES
Kurian Joseph, C.J · V.K. Ahuja, J
RESULT
Dismissed
CASE NUMBER
CWP No. 4728 of 2010
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Judgment

8 paragraphs · 367 words

Kurian Joseph, C.J.—The writ petition is filed with the following prayers:

(i) That the Himachal Pradesh Elementary Education Department Language Teacher, Class III Recruitment and Promotion Rules, 2009, Annexure P-7 may be quashed and set aside.

(ii) That the Respondent may be directed to include the qualifications possessed by the Petitioner as the requisite qualification in Himachal Pradesh Elementary Education Department Language Teacher, Class III Recruitment and Promotion Rules, 2009, Annexure P-7.

2.

In the reply at paras 4 and 5, it is stated as follows:

4.

That it is respectfully submitted that the Petitioner is not possessing the requisite qualification to be appointed as Language Teacher as he has passed the Shiksha Visharad from Hindi Sahitya Sammelan Allahabad which is not recognized by the State of H.P. It is further submitted that the recruitment and promotion rules which govern the direct recruitment of Language Teacher require the Petitioner to be Prabhakar (Honours in Hindi) with matric (Full Subject) and Language Teacher training or J.B.T. (Two Years Training) from a recognized University/Institution. It is further submitted that the Government has notified the revised R&P Rules for the appointment of Language Teacher in the State of Himachal Pradesh which provides as under:

(a) B.A. with Hindi as an elective subject from a recognized University with 50% marks in Hindi or its equivalent.

5.

That it is brought to kind notice of this Hon�ble Court the Division Bench of this Hon�ble High Court in Civil Writ Petition No. 19 of 2008 titled as Smt. Sushma Devi v. State vide judgment dated 8.7.2009 has held that the Hindi Sahitya Sammelan, Allahabad is neither created under Central or State Act. It is volunteer organization. The Certificates/Diplomas/Degrees issued by it are not comparable with the Certificate/Diplomas/Degrees issued by the duly established Universities either by the Central or State Act. The copy of the judgment is marked as Annexure R-1. Therefore, the present writ petition is liable to be dismissed in view of the law laid down by this Hon�ble Court in the above case.

3.

In view of the reply as above, there is no merit in the writ petition and it is accordingly dismissed, so also the pending applications, if any.