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Himachal Pradesh High Court · body

2013 DIGILAW 979 (HP)

RAJESH v. STATE OF H. P.

2013-11-22

RAJIV SHARMA, SANJAY KAROL

body2013
JUDGMENT : 1. For filling up the post of Physical Education Teacher (PET) in the Department of Education, advertisement was issued by the H.P. Subordinate Services Selection Board (respondent No. 2 herein). Though, petitioner qualified the written test, but was not called for interview, for the reason that he "did not fulfill the essential qualification as per R & P Rules of the Post of P.E.T.". This is evident from communication dated 12.11.2013 (Annexure P-3), whereby petitioner's candidature stands cancelled. The prescribed essential educational qualification required under the Recruitment and Promotion Rules, for the Post of Physical Education Teacher in the Department of Elementary Education, reads as under: (a) Essential Qualification: (a) Senior Secondary School (+2) or its equivalent examination passed with at least fifty percent marks and diploma in Physical Education (D.P.Ed.) of a duration of two academic years from a University/Board recognized by HP Govt. OR (b) Bachelor's Degree in Physical Education with fifty percent marks (B.P.Ed.) from a University recognized by HP Govt. OR (c) Bachelor's Degree with Physical Education as an elective subject with fifty percent marks in Physical Education from a University recognized by HP Govt. OR (d) For Ex-Servicemen candidates Senior Secondary School (+2) or its equivalent examination with pass Course of PTI from Army School of Physical Education Poona. 05% relaxation in marks will be given to those who have at least participated in International/National/SGFI/Sports competition or Position Holders in Inter-Zonal sports competitions. (b) Desirable Qualification Knowledge of customs, manners and dialects of Himachal Pradesh and suitability for appointment in peculiar conditions prevailing in the Pradesh. 2. Now, in the instant case, petitioner is an MA and M. Phil in Physical Education. Petitioner has acquired postgraduate degree in Physical Education from the Himachal Pradesh University. Also, he has acquired degree of M. Phil in the same subject. 3. It is brought to our notice that pursuant to judgment dated 16.8.2012, passed by a Coordinate Bench of this Court in CWP No. 5084/2012-I, titled as Amit Prarthi v. State of H.P. and another, and other connected matters, with respect to similarly situated persons, the State Government has already relaxed the condition of essential qualification, for the reason that petitioners therein had acquired qualification higher than the prescribed qualification. This judgment has attained finality. 4. This judgment has attained finality. 4. Undisputedly, petitioner is far superior, in terms of prescribed educational qualification, if the same is to be understood in terms of the object sought to be achieved. As such, we see no reason to take a view different than the one already taken by this Court in Amit Prarthi (supra). Therefore, we direct the respondent-State to consider the petitioner's case for granting relaxation, as already granted in the cases of similarly situated persons, within a period of two weeks from today. Resultantly, we also quash communication dated 12.11.2013 (Annexure P-3). No other point urged. 5. With the aforesaid observations, writ petition stands disposed of, so also pending application(s), if any.