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2013 DIGILAW 729 (HP)

Malka Devi v. STATE OF H. P.

2013-08-12

A.M.KHANWILKAR, KULDIP SINGH

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JUDGEMENT A.M.KHANWILKAR, J. - 1. HEARD counsel for the parties. 2. THE writ petition takes exception to Annexure P5 to the extent it imposes educational qualification standard of TET (Shastri) for batchwise recruitment. The petitioners have further prayed for writ to be issued against the respondents to recruit the petitioners as Shastri teachers on batchwise basis as per old R&P Rules. It is not in dispute that the Right of Children to Free and Compulsory Education Act, 2009, came into force w.e.f. 1st April, 2010, which spells out the minimum qualification standards. In consonance with the said Act, Rules have been framed, which have come into effect from 27th August, 2012. The validity of the Act or the provisions in the Rules is not subject matter of challenge in this petition. Therefore, no fault can be found with the Authorities insisting to fill up the future vacancies on the basis of the provisions of the Act and the Rules as in force. 3. THE argument of the petitioners is that in the past, the Authorities have relaxed the qualification condition and allowed the persons to continue, subject to improving their qualification, as is prescribed in the Right of Children to Free and Compulsory Education Act, 2009, for which instructions were issued on 3rd February, 2011. In the replyaffidavit, it has been made clear that that was one time relaxation and all subsequent recruitments have been made and will be continued to be made as per the enactment and the Rules in force. 4. NO interference is warranted. Hence, the petition is dismissed, so also the pending application(s), if any.