JUDGMENT : SURESHWAR THAKUR, J. 1. The writ petitioner is presently deployed as Lecturer (School New) (History) at Government Senior Secondary School Sainwala, District Sirmaur, Himachal Pradesh. She nowat is MA(B.Ed). 2. Through a notification borne in Annexure P-1, a, leverage or prioritization is accorded, for, apposite inductions, as, Lecturer(s) (PGT) at DIET(s), upon, theirs holding educational qualification(s) hence higher than the afore educational qualification(s), nowat possessed by the petitioner, in as much, as, of hers holding MED/ Ph.D qualification. 3. For improving or enhancing the afore qualification, the writ petitioner, has made a representation borne in Annexure P-2, to, the respondent concerned, and, thereon no decision has been made. Consequently, the writ petitioner has been constrained to approach this Court. 4. Even though, this Court makes directions, upon the respondent concerned, to, make an expeditious decision, upon, the afore representation, as, made therebefore by the writ petitioner, (i) nonetheless this Court is constrained, to, discountenance the formulation even, of, Annexure P-1, by the respondents, and, where-through the afore leverage is purportedly purveyed to the aspirants, to avail study leave, for, hence, theirs improving or enhancing their educational qualification, for the requisite purpose. The reason for this Court, for, discountenancing the making of Annexure P-1, by the respondent, is, that thereupon the otherwise skilled and efficient teachers, who impart teachings at government School(s) concerned, would be, in the garb of theirs improving, their educational qualifications hence seek study leave. The rationale behind, the, holding, of, the afore educational qualification(s) by the aspirant(s) concerned, for the relevant purpose, would become well founded, only upon, the apposite students wheretowhom, the imparting(s), of, teachings, is, made at DIET Centres concerned becoming cogently to receive impartings thereof, only by teachers, rather holding the educational qualification(s) as become embodied in Annexure P-1. However, the afore apt material, for, prima facie hence the acquisitions, of the afore educational qualifications, becoming well founded or becoming rooted on a well contemplated rationale, is, gross amiss. If so, only upon the afore rationale becoming rooted hence, in, the making, of, Annexure P-1, thereupon, the apposite prescription(s) borne therein, would hold vigor, otherwise not.
However, the afore apt material, for, prima facie hence the acquisitions, of the afore educational qualifications, becoming well founded or becoming rooted on a well contemplated rationale, is, gross amiss. If so, only upon the afore rationale becoming rooted hence, in, the making, of, Annexure P-1, thereupon, the apposite prescription(s) borne therein, would hold vigor, otherwise not. Consequently, when the respondents, hence when is seized, with the apposite representation, for, its making a decision thereon, it may prior thereto, consider the inductions of teachers, in DIET(s) concerned, of, otherwise efficient and skilled teachers, in the apposite discipline, rather rendering service at government schools concerned, than theirs seeking theirs being permitted, to, improvise their educational qualification(s), except when the afore rationale behind the afore acquisitions, is, objectively found to be well founded, on, a sound logical and statistical pedestal. 5. The further ebbing effect thereof would be, that the students at government school(s) concerned, would remain undeprived, of, skilled and proficient teachings, being imparted to hem, by skilled and, efficient teachers. It would also ensure the curtailments of teachers, remaining away from class rooms, for, theirs ensuring theirs improving their educational qualifications, at educational institution(s) concerned, hence, for the afore purpose, and, yet theirs drawing salary(s) from the State exchequer. The afore ill-consequences are obviable through, sagacious prescriptions, if deemed fit, being made in Annexure P-1, in as much, as of induction(s), of, teachers concerned, in DIET(s) concerned, not necessitating theirs improving their educational qualifications. In case the afore is dispensed with, thereupon shortage or paucity, of skilled teachers at government school(s), would become baulked, and, also hence there would be no necessity, of, uncalled for salary(s), being defrayed to them during availment, of, study leave(s) by them. 6. Even if the respondents, choose not to dispense, with the afore higher education qualification, than the ones which are now at hence held by the writ petitioner, they may insist for acquisitions thereof, being made, through theirs taking correspondence courses, from recognized educational institutions concerned, rather theirs mustering enhancement, of, their educational qualification, for the relevant purpose, though theirs taking physical classes, at, the educational institutions concerned. 7. Further more, the State of Himachal Pradesh is, also directed, that it shall forthwith ensure that the availment(s) of study leave(s) by the IAS, HAS Officers, rather is not abused.
7. Further more, the State of Himachal Pradesh is, also directed, that it shall forthwith ensure that the availment(s) of study leave(s) by the IAS, HAS Officers, rather is not abused. In the afore, the state of H.P, is directed to forthwith ensure, that, if applied for study leave, hence, for, further studies in India or abroad, upon, a, thorough application of mind, is disclosed to be necessary, and, or is a dire necessity, for, ensuring the efficient operation(s) of administration, and, for efficient performance of public duties, and or is perennially incidental, to, the performance, of, public duties by the officers concerned, thereupon alone the government of Himachal Pradesh, shall proceed to grant the espoused study leave(s), to, the IAS and HAS officers, otherwise it be declined to them. Copy of this order be forthwith sent to the Chief Secretary, Government of Himachal Pradesh. 8. In the light of the afore made observations by this Court, the respondent concerned is directed, to, decide the representation filed by the petitioner, within three weeks, from today, after an opportunity of personal hearing being afforded to her. In view of the above, the present petition stands disposed of alongwith all pending applications.