Tilak Raj & Others vs Rohit Jamwal & Another

Vivek Singh Thakur, J

Learned Additional Advocate General submits that Director of Elementary Education, Himachal Pradesh, has issued direction to all Deputy

Directors in State of Himachal Pradesh to issue Trained-in-Service Teachers Certificates to the teachers like petitioners, immediately.

The aforesaid certificates are being issued in compliance of order dated 27.11.2017 passed by erstwhile H.P. State Administrative Tribunal in OA

No. 5923 of 2017, titled Tilak Raj & others Vs. State of H.P. and others, wherein H.P. University was also respondent No. 4. The certificates were

to be issued within one week of passing of order. However, there is delay in compliance on the part of respondents, as Certificates are being issued in

April, 2021.

It is informed that International Centre for Distance Education and Open Learning (ICDEOL) Himachal Pradesh University, Shimla has issued a

notification for admission to B.Ed. course, wherein it is stated that aforesaid certificate issued prior to 25th March, 2021 shall only be taken into

consideration for considering the eligibility of students for admission to the said course. As the order to issue certificates was passed in the year 2017,

but there is delay for issuing of certificates on the part of respondents-State. As respondent-University was also a party to the Original Application,

wherein order had been passed by erstwhile Administrative Tribunal and the order has been accepted by the University, therefore, it is also expected

from the University that it shall entertain the certificates issued to the petitioners by Education Department at this belated stage as a valid certificate

deeming it to have been issued prior to 25.3.2021 as certificates issued to the petitioners are to be related back to November, 2017 and be treated to

have been issued as such.

H.P. University, Shimla is expected to take into consideration the aforesaid facts and to entertain and consider the candidature of the petitioners for

admission in Bachelor of Education, i.e. B.Ed. being offered by ICDEOL, H.P. University, Shimla.

Learned Additional Advocate General submits that though there is delay in compliance of the order, however, the same is neither willful nor

intentional, but for misreading of Regulations issued by NCTE, for which he submits that he has instructions to tender unconditional and unqualified

apology.

Considering the instructions issued by Director of Elementary Education and unconditional and unqualified apology tendered on behalf of

respondents, nothing survives to be adjudicated in present petition. The petition is, accordingly, closed and disposed of in aforesaid terms.

Copy Dasti.