Mitun Raj vs Himachal Pradesh Subordinate Service Selection Board and Others

Kurian Joseph, C.J.—The Petitioner is an applicant for selection to the post of TGT (Non Medical). He is a science graduate and has passed B. Ed. He did his graduation with English, Physics, Chemistry and Mathematics subjects in the 1st year, in 2nd year English, Chemistry and Physics and in final year Physics as Honours. It is the contention of the Petitioner that going by the Recruitment and Promotion Rules, ruling the field at the relevant time, namely, the date of submission of the application and the date of written test and interview, the Petitioner satisfied the qualification of graduation in Science. However, the notification stipulated that the candidate should have specified the subjects. According to the learned Counsel for the State, the only intention was to clarify the position in view of the requirement of teachers in specialized subjects.

We have held in our decision dated 29.4.2010 in Kamlesh Kumar v. State of H.P. and Anr. CWP No. 3703 of 2009 along with connected matters that so long as the Rules governing the field required the qualification only of graduation in Science, the Selection Committee cannot improve the Rules and make their own amendments. We find that the Petitioner in this case has come out successful in the written test.

In the light of what is stated above, there will be a direction to the Respondent to treat the Petitioner as duly qualified and take further steps in the matter of selection of the Petitioner within a period of one month from the date of production of a copy of this judgment.

The writ petition is disposed of, so also the pending applications.