IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWPs No.11746/2011-D,1502/2012-A, 3643/2012-E, 5933/2012-D and 5944/2012-E Date of Decision : August 21, 2012
CWP No.11746/2011 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Ms Meena Kumari daughter of Shri Narotam Chand, resident of New Totu, Tehsil & District Shimla, H.P. Shri Ashok Kumar son of Shri Om Prakash Sharma, PRO Village & P.O. Puid, Tehsil and District Kullu, Himachal Pradesh. Ms Jyoti Bala daughter of Shri Hans Raj, resident of village and Post Office Bhapoo, Tehsil Indora, District Kangra, H.P. Ms Vandana daughter of Shri Bansi Lal, resident of village Batrahan, P.O. Bari, Tehsil Nurpur, District Kangra, H.P. Ms Anju Shivani daughter of Shri Om Prakash, resident of Village and Post Office Baduhi, Tehsil Nuarpur, District Kangra, H.P. Ms Kalpana daughter of Shri Rashpal Singh, resident of Village Ganoh, P.O. Panjahara, Tehsil Nurpur, District Kangra, H.P. Ms Ikansha Sharma, daughter of Shri K.C. Sharma, resident of Village and Post Ofice Kangar, Tehsil Karoli, District Una, H.P. Shri Rajeev Sharma son of Shri Kanti Prakash, resident of village and Post Office Kangar, Tehsil Haroli, District Una, H.P. Shri Manurag son of Shri Laj Pat Rai, resident of Vikas Nagar New DAV Senior Secondary School Una, District Una, H.P. Shri Vivek Sharma son of Shri Prakash Chand, resident of Krishna Nagar, Ward No.1, House No.181, Tehsil and District Hamirpur, H.P. Shri Sunil Kumar son of Shri Amin Chand, resident of village and Post Office Laharli, Tehsil Barsar, District Hamirpur, H.P. Shri Sanjay Kumar son of Shri Karam Singh, resident of village and Post Offie Manai, Tehsil Harchakkian, District Kangra, H.P. Ms Bhawna Sharma daughter of Shri Devinder Kumar, resident of Upper Flat, House No.26, Chotta Shimla-2, District Shimla, H.P. Ms Preeti Mahendru daughter of late Shri D.K. Mahendru, resident of Mithra Dass Gali, House No.389, K.B. Dharamshala, District Kangra, H.P. Ms Priya Mahendru daughter of late Shri D.K. Mahendru, resident of Mithra Dass Gali, House No.389, K.B. Dharamshala, District Kangra, H.P.

2
16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. Ms Kanchan Sharma, daughter of Shri Devinder Kumar, resident of Mithra Dass Gali, House No.389, K.B. Dharamshala, District Kangra, H.P. Ms Sapna Sharma daughter of Shri Om Prakash Sharma, resident of Village Ghatta, P.O. Kummi, District Mandi, H.P. Ms Shikha Kapila daughter of Shri Suresh Chand Kapila, resident of village and Post Office Rehan, Tehsil Nurpur, District Kangra, H.P. Ms Dolma Devi daughter of Shri Amar Chand, resident of Village and Post Office Prini, Tehsil Manali, District Kullu, H.P. Shri Chobe Ram son of Shri Duni Chand, resident of Village and Post Office Bahu, Tehsil Banjar, District Kullu, H.P. Ms Bharti Thakur daughter of Shri Saran Dass, resident of Ghandoli, P.O. Chamou, Tehsil Sunder Nagar, District Mandi, H.P. Ms Suman Lata daughter rof Shri Babu Ram, resident of Tehsil & District Hamirpur, H.P. Shri Satya Paul son of Shri Kaul Ram, resident of village Luharli, P.O. Tandi, Tehsil Ani, District Kullu, H.P. Shri Prakash Singh son of Shri Molak Ram, resident of village Chetsohja, P.O. Thunag, Tehsil Thunag, Dsitrict Mandi, H.P. Ms Monika Khosla daughter of Shri Prakash Chand, resident of village and Post Office Dhaban, Tehsil Sadar, District Mandi, H.P. Ms Chetna Rana daughter of Shri Thakur Dass Rana, resident of Ward No.11, House NO.189, Gandhi Nagar, Kullu, District Kullu, H.P. Ms Smriti daughter of Shri Hem Raj Arya, Resident of Near Union Bank of India, Bhunter, District Kullu, H.P. Ms Bandana Katna daughter of Shri Naresh Chand Katna, resident of Village Nanwan, P.O. Karsi, Tehsil Barsar, District Hamirpur, H.P. Ms Raksha Kumar wife of Shri Yugal Kishore Sharma, resident of Near Shah Talai Road Barsar, District Hamirpur, H.P. Ms Kumari Dimple daughter of Shri Prem Chand, resident of Village Nagothi, P.O., Baradha, Tehsil & District Kullu, H.P. Shri Suresh Kumar son of Shri Ganga Ram, resident of Village and Post Office Basantpur, Tehsil Sarkaghat, District Mandi, H.P. Ms Bala Devi wife of Anup Narayan, resident of Village Baroh, P.O. Raja-Ka-Talab, Tehsil Nurpur, District Kangra, H.P. Shri Vishal Bharti son of Shri Trilok Nath, resident of Vilalge Babrera, P.O., Dughli, Tehsil & District Hamirpur, H.P.

3
34. 35. 36. 37. 38. 39. 40. 41. 42. 43. Ms Ranjana Kumari daughter rof Shri Desh Raj, resident of village Manjahat, P.O. Ropa, Tehsil and District Hamirpur, H.P. Shri Rakesh Kumar son of Shri Chuni Lal Gupta, resident of Village Chandhal, P.O. Gagal, Tehsil Sadar, District Mandi, H.P. Ms Neetu Sharma daughter of Shri Suresh Sharma, resident of Vishwa Karma Furniture House, Main Bazaar Hamirpur, Tehsil and District Hamirpur, H.P. Ms Seema Kumari daughter of Shri Karnail Singh, House No.279, Civil Lines, Dharamshala, District Kangra, H.P. Ms Anita Suman daughter of Shri Bidhi Chand, resident of village Nalsar Tehsil Sadar, District Mandi, H.P. Ms Pooja Thakur daughter of Shri Purshottam Chand, resident of village Kauhin, P.O. Baffrin, Tehsil and District Hamirpur, H.P. Shri Parvinder Kumar son of Shri Man Chand, resident of Village Amberi, P.O. Tippar, Tehsil Barsar, District Hamirpur, H.P. Ms Maya Devi daughter of Shri Ranbir Singh at present wife of Shri Parvinder Kumar, resident of village Amberi, P.O. Tippar, Tehsil Barsar, District Hamirpur, H.P. Ms Anita Kumar daughter of Shri Amar Singh, resident of village Susnal, P.O. Barota, Tehsil Ghumarwin, District Bilaspur, H.P. Shri Dinesh Kumar son of Shri Sant Ram, resident of Village Kankari, P.O. Didwin Tikkar, Tehsil and District Hamirpur, Himachal Pradesh. .Petitioners. versus State of H.P. through Secretary Education, Govt of H.P. Director of Elementary Education, Directorate of Education, Govt of Himachal Pradesh, Shimla-1. Respondents.

1. 2.

CWP No.3643/2012 1. 2. 3. 4. 5.

Ms Shivani Sood daughter of Shri Kulbhushan Sood, resident of Village and Post Office Sainj, Tehsil Theog, Dsitrict Shimla, H.P. Ms Pankaj Jaswal daughter of shri Pradeep Singh, resident of Village and Post Office Baroti, Tehsil Barsar, District Hamirpur, H.P. Ms Monika Devi daughter of Shri Susheel Kumar, resident of Village Khatwin, P.O. ?Dhaned, Tehsil & District Hamirpur, H.P. Ms Shailza Kumari daughter of Shri Amrit Lal, resident of Vilalge Naroh, P.O. Bahanvi, Tehsil Bhoranj, District Hamirpur, H.P. Ms Raksha Kumar daughter of Shri Suresh Kumar, resident of Vilalge Harlayan, P.O. Baldwara, Tehsil Sarkaghat, District Mandi, H.P.

4
6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. Mr. Ramesh Kumar son of Shri Joginder Singh, resident of village Nangal Chowk, P.O. Dada Siba, Tehsil Dehra, District Kangra, H.P. Mr. Rajiv Kumar son of Shri Gurbachan Singh, resident of village Behsuked, P.O. Tiamal, Tehsil Dehra, District Kangra, H.P. Mr. Ankush son of late Shri Kashmir Singh, resident of village and Post Offie Purba, Tehsil Palampur, District Kangra, H.P. Mr. Anil Kumar son of Shri Onkar Singh, resident of Villag and Post Offie Malan, Tehsil and District Kangra, H.P. Shri Rashpal Singh son of late Shri Hakam Singh, resident of Villag and Post Office Harjalori, Tehsil and District Kangra, H.P. Mr. Avneesh Hira son of Shri Rajender Singh, resident of village Rachhialu, P.O. Bandi, Tehsil Shahpur, District Kangra, H.P. Mr. Amar Singh son of Shri Nathu Ram, resident of village Chalokhar, P.O. Nareli, Tehsil and District Hamirpur, H.P. Shri Suresh Kumar son of Shri Ganga Ram, resident of Village and Post Office Basantpur, Tehsil Sarkaghat, District Mandi, H.P. Mr. Pushpender Kumar son of Shri Swaroop Singh, resident of Vilalge and Post Office Janyankar, Tehsil and District Kangra, H.P. Mr. Raman Patyal son of late Shri Udho Ram Patyal, resident of village Muthan, P.O. Kuthera, Tehsil and District Hamirpur, H.P. Mr. Santosh Kumar son of Shri Mehar Singh Verma, resident of Village and Post Office Sajaopiplu, Tehsil Sarkaghat, District Mandi, H.P. Mr. Ajay Singh son of Shri Tulsi Ram, resident of village Khalet, P.O. Putrial, Tehsil Nadaun, District Hamirpur, H.P. Shri Rajeev Sharma son of Shri Kanti Prakash, resident of village and Post Office Kangar, Tehsil Haroli, District Una, H.P. Shri Manurag son of Shri Laj Pat Rai, resident of Vikas Nagar New DAV Senior Secondary School Una, District Una, H.P. Ms Ikansha Sharma, daughter of Shri K.C. Sharma, resident of Village and Post Ofice Kangar, Tehsil Karoli, District Una, H.P. Ms Monika Kumari daughter of late Shri Kewal Krishan Chauhan, resident of village and Post Office Mehre, Tehsil Barsar, District Hamirpur, H.P. Mr. Sanjay Kumar son of Shri Karam Singh, resident of Village and Post Office Manai, Sub Tehsil Har Chakian, Tehsil Shahpur, District Kangra, H.P. Mr. Sanjeev Vardhan son of Shri Baldev Singh, resident of Village and Post Office Karnola (Manai), Sub Tehsil Har Chakian, Tehsil Shahpur, District Kangra, H.P.

5
24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. Ms Pooja Devi daughter of Shri Jagat Ram, resident of Village Kheri, P.O. Bahina, Tehsil Barsar, District Hamirpur, H.P. Ms Isha Thakur daughter of Shri Rakesh Thakur, c/o Rakesh Filling Station, Barsar, Tehsil Barsar, District Hamirpur, H.P. Ms Meena Kumari wife of Shri Puran Chand, resident of Village Top, P.O. Balduha, Tehsil Nadaun, District Hamirpur, H.P. Mr. Shashi Kant son of Shri Kewal Krishan, resident of village Naroh, P.O. Bahanvi, Tehsil Bhoranj, District Hamipur, H.P. Mr. Virender Singh Mr. Arvind Ms Mamta Devi daughter of Shri Kartar Chand, resident of Village Galoti, P.O. Changer, Tehsil & District Hamirpur, H.P. Ms Seema Kumari daughter of Shri Karnail Singh, resident of House No.279, Civil Lines, Dharamshala, District Kangra, H.P. Mr. Anil Kumar Sharma son of Shri Dev Raj Sharma, resident of village Kotlu, P.O. Bahina, Tehsil Barsar, District Hamirpur, H.P. Ms Priya Mahendroo daughter of late Shri D.K. Mahendroo, resident of House No.389, Mithra Dass Gali, Kotwali Bazaar, Dharamshala, District Kangra, H.P. Ms Preeti Mahendroo daughter of late Shri D.K. Mahendroo, resident of House No.389, Mithra Dass Gali, Kotwali Bazaar, Dharamshala, District Kangra, H.P. Mr. Manoj Kumar son of Shri Jagdish Ram, resident of Village and Post Office Panjawar, Tehsil and District Una, H.P. Mr. Pankaj Prakash son of Shri Prakash Chand, resident of Village and Post Office Sudhial, Tehsil Nadaun, District Hamirpur, H.P. Mr. Amit Kumar son of Shri Pritam Singh, resident of Village Kuthar, P.O. Bharmoti, Tehsil Nadaun, District Hamirpur, H.P. Ms Nishi Kanta daughter of Shri Kukhtiar Singh, resident of Village and Post Office Rakkar Colony, Tehsil and District Una, H.P. Mr. Raj Kumar son of Shri Brij Lal, resident of Village Jindrin, P.O. Karohta, Tehsil Bhoranj, District Hamirpur, H.P. Ms Sheela daughter of Shri Ram Piara, resident of Village Kirpalpur, P.O. and Tehsil Nalagarh, District Solan, H.P. Ms Renu Chandel, daughter of Shri B.R. Chandel, resident of Village Bhanglan, P.O. Dhabota, Tehsil Nalagarh, District Solan, H.P. Mr. Roshan Lal sonof Shri Gurdyal, resident of Shhan, P.O. Bhrain, Tehsil and District Kullu, H.P. Mr. Chobe Ram son of Shri Duni Chand, resident of Village and Post Office Bahu, Tehsil Banjar, District Kullu, H.P.

6
44. 45. Ms Samriti Arya daughter of Shri Hem Raj Arya, resident of village Harlot, P.O. Basantpur, Tehsil Sarkaghat, District Mandi, H.P. Ms Nisha Kumari daughter of Shri Nikka Ram at present wife of Shri Pawan Kumar, resident of Village Karha, P.O. Bijhari, Tehsil Mehre, District Hamirpur, H.P. Presently residing at Village Brahmna, Tehsil Ghumarwin, District Bilaspur, H.P. Shri Dinesh Kumar son of Shri Sant Ram, resident of Village Kankari, P.O. Didwin Tikkar, Tehsil and District Hamirpur, H.P. .Petitioners. versus

46.

1. 2.

State of H.P. through Secretary Education, Govt of H.P. Director of Elementary Education, Government of Himachal Pradesh, Directorate of Elementary Education, Lal Pani, Near Bus Stand, Shimla, District Shimla, H.P. 3. H.P. Board of School Education, through its Secretary, Dharamshala, District Kangra, H.P. 4. Union of India through Secretary Ministry of Human Resources Development, Government of India, New Delhi. Respondents. CWP No.5933/2012 1. 2. 3. 4. 5. 6. 7. 8. 9. Ms Mamta Rani daughter of Shri Karam Singh, resident of Village and Post Office Salahar, Tehsil Ghumarwin, District Bilaspur, H.P. Ms Reema Devi daughterof Shri Ganga Ram, resident of Vilagle Kacholi, Post Office Chharol, Tehsil Sadar Barsar, District Hamirpur, H.P. Shri Narender Singh son of Shri ?Vipan Singh, resident of VillageLuharwin, Tehsil Ghumarwin, District Bilaspur, H.P. Shri Suresh Kumar son of Shri Brij Lal, resident of Vilalge Bachhrin, P.O. Mor Singhi, Tehsil Ghumarwin, District Bilaspur, H.P. Shri Pankaj Suman sonof Shri Chain Singh, resident of village Jangla, P.O. Geharwin, Tehsil Jhandutta, District Bilaspur, H.P. Shri Ajay Kumar son of Shri Sohan Singh, resident of Village Retaihal, P.O. and Tehsil Ghumarwin, District Bilaspur, H.P. Mr. Rajnish Kumar Chaudhary son of Shri Jodh Singh Chaudhary, resident of Village and Post Office Sunhari, Tehsil Jhandutta, District Bilaspur, H.P. Shro Pawan Kumar son of Shri Roshan Lal, resident of village Bhajoon, P.O. Deoth, Tehsil Sadar, District Bilaspur, H.P. Mr. Akhilesh Kumar son of Shri Mohinder Singh, resident of village Bhardwan, Post Office Ghandalwin, Tehsil Ghumarwin, District Bilaspur, H.P.

7
10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Mr. Nirmal Kumar son of Shri Ram Ji Dass, resident of village Khalsai, P.O. Jabloo, Tehsil Khanduttan, District Bilaspur, H.P. Mr. Pradeep Sharma son of late Shri Baldev Sharma, resident of village Khalsai, P.O. Jabloo, Tehsil Khanduttan, District Bilaspur, H.P. Mr. Mahender Singh son of late Shri Ranjeet Singh, resident of Village Bhadrog, P.O. Naswal, Tehsil Ghumarwin, District Bilaspur, H.P. Mr. Vinay Kumar Sharma son of Shri Kali Dass Sharma, resident of village Matyal, P.O. Massour, Tehsil Ghumarwin, District Bilaspur, H.P. Mr. Abneesh Kumar son of Shri Ram Singh, resident of Village Ropari, P.O. Kothi, Tehsil Ghumarwin, District Bilaspur, H.P. Shri Manoj Kumar son of Shri Prem Lal, resident of village Bethrin, P.O. Jejwin, Tehsil Jhandutta, District Bilaspur, H.P. Mr. Madan Lal son of Shri Basant Ram, resident of Village Chandpur, P.O. Sikroha, Tehsil Sadar, District Bilaspur, H.P. Mr. Kulvinder Singh son of Shri Shamsher Singh, resident of Village Mehla, P.O. Swahan, Tehsil Sri Naina Devi, District Bilaspur, H.P. Mr. Suresh Kumar son of Shri Joginder Singh, resident of Village Tali, P.O. Jagat Khanna, Tehsil Naina Devi Ji, District Bilaspur, H.P. Mr. Naveen Kumar son of Shri Amar Nath, resident of Village Dali, P.O. Kandrour, Tehsil Sadar, District Bilaspur, H.P. Mr. Anil KIumar son of Shri Sada Ram, resident of Village and Post Office Samoh, Tehsil Jhandutta, District Bilaspur, H.P. Mr. Mahender Kumar son of Shri Gain Chand, resident of Village Bani, P.O. Bhpral, Tehsil Ghumarwin, District Bilaspur, H.P. Mr. Hari Om Singh son of Shri Jeet Singh, resident of Village Kathiun, P.O. Gandhir, Tehsil Jhandutta, District Bilaspur, H.P. Ms Shivani Parihar daughter of Shri Ganga Singh, Resident of House No.176, Diara Sector, Tehsil & District Bilaspur, H.P. Ms Archana Devi daughter of Shri Krishan Dayal, R/o House No. MIG 27, Housing Board Colony, Tehsil & District Bilaspur, H.P. Mr. Ritesh Kumar son of Shri Bishan Dass, resident of Village & Post Office Barthin, Tehsil Jhandutta, District Bilaspur, H.P. Mr. Man Singh son of Shri Shakti Singh, resident of Village & Post Office Dabla, Tehsil Ghumarwin, District Bilaspur, H.P. Mr. Rameshwar Kumar sonof Shri Amar Nath, resident of Village Kulwari, P.O. Nalti, Tehsil Ghumarwin, District Bilaspur, H.P.

8
28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. Ms Manisha Kumari daughter of Shri Ram, resident of Vilalge Chounta, P.O. Jadedu, Tehsil Jhandutta, District Bilaspur, H.P. Mr. Ravinder Kumar son of Shri Roop Singh, resident of Village Labra, P.O. Manjhwar, Tehsil Ghumarwin, District Bilaspur, H.P. Ms Seema Devi wife of Shri Sunil Kumar, resident of Samlah, P.O. Bhatwara, Tehsil Ghumarwin, District Bilaspur, H.P. Mr. Sanjeev Kumar son of Shri Krishan Chand, resident of villag Galahi, P.O. Hatwar, Tehsil Ghumarwin, District Bilaspur, H.P. Ms Leela Devi wife of Shri Vijay Chand, resident of village Samoh, Tehsil Jhandutta, District Bilaspur, H.P. Mr. Sukh Ram son of Shri Rikhi Ram, resident of Village Jejwin, Tehsil Jhandutta, District Bilaspur, H.P. Ms Sheela Kashap wife of Shri Pawan Jit Kashyap, resident of Ward No.11, Lakhan Pur, Tehsil Sadar, District Bilaspur, H.P. Mr. Deep Chand son of Shri Roshan Lal, resident of Village Markan, P.O. Jukhala, Tehsil Sadar, District Bilaspur, H.P. Ms Raksha Devi, wife of Shri Mukesh Kumar, resident of Vilalge Makri Markand, P.O. Jukhala, Tehsil Sadar, District Bilaspur, H.P. Ms Meena Kumari wife of Shri Rama Nand, resident of Village and Post Office Tantha, Tehsil Ghumarwin, District Bilaspur, H.P. Mr. Naresh Kumar son of Shri Bansi Ram, resident of Village Badhyat, P.O. Bilaspur, Tehsil & District Bilaspur, H.P. Mr. Devender Kumar sonof Shri Krishan Lal, resident of Village Lakhan Pur, P.O. and Tehsil Bilaspur, District Bilaspur, H.P. Mr. Pawan Kumar son of Shri Jagat Ram, resident of Village Lurhar, P.O. Jabloo, Tehsil Jhandutta, District Bilaspur, H.P. Ms Pritika daughter of Shri Prakash Chand, resident of Village Pasol, P.O. Latla, Tehsil Jhandutta, District Bilaspur, H.P. Mr. Jag Mohan son of Shri Sukh Ram, resident of House NO.70/8, Raura Sector No.3, Tehsil and District Bilaspur, H.P. Ms Nisha Kumari, wife of Shri Naresh Dhiman, resident of House No.60, Village Nihal, P.O. Bamta, Tehsil Sadar, District Bilaspur, H.P. Ms Sunita Devi wife of Shri Sharwan Kumar, resident of Village Tungri, P.O. Ser, Tehsil Jhandutta, District Bilaspur, H.P. Ms Nisha Kumar daughter of Shri Daler Singh, resident of Village Domehar, P.O. Lehri Sarail, Tehsil Ghumarwin, District Bilaspur, H.P.

9
46. 47. 48. 49. 50. 51. 52. 53. 54. 55. Ms Sonu Devi, daughter of Shri Jagdish Ram, resident of Village Garshi, P.O. Dabla, Tehsil Ghumarwin, District Bilaspur, H.P. Mr. Rama Nand son of Shri Shamsher Singh, resident of Village Tantha, Tehsil Ghumarwin, District Bilaspur, H.P. Ms Bandana wife f Shri Upender Sharma, resident of Thapa Bhawan, Tuti Kandi, Shimla, District Shimla, H.P. Mr. Vinod Kumar son of Shri Anant Ram, resident of village Malehri, P.O. Dangar, Tehsil Ghumarwin, District Bilaspur, H.P. Mr. Parveen Kumar son of Shri Munshi Ram, resident of Village Kotlu Brahamana, Tehsil Ghumarwin, District Bilaspur, H.P. Mr. Sushil Kumar son of Shri Gorakh Ram, resident of Village Kapahra, Tehsil Ghumarwin, District Bilaspur, H.P. Ms Soma Devi wife of Shri Jitender Rao, resident of Village Nagarda, P.O. Garahod, Tehsil Sunder Nagar, District Mandi, H.P. Ms Anjana Kumar daughter of Shri Balbir Singh, resident of Vilalge Samoh, Tehsil Jhadutta, District Bilaspur, H.P. Ms Anjana Kumari wife of Shri Jagdeep Vashisth, resident of Village Masdhan, P.O. Morsinghi, Tehsil Ghumarwin, District Bilaspur, H.P. Ms Rekha Kumari wife of Shri Raman Kumar, resident of Village Dhaned, Tehsil and District Hamirpur, H.P. versus 1. 2. .Petitioners.

State of H.P. through Secretary Education, Govt of H.P. Director of Elementary Education, Government of Himachal Pradesh, Directorate of Elementary Education, Lal Pani, Near Bus Stand, Shimla, District Shimla, H.P. 3. H.P. Board of School Education, through its Secretary, Dharamshala, District Kangra, H.P. Respondents. CWP No.5944/2012 1. 2. 3. 4. 5. 6. 7. Sh. Joginder Pal, S/O Sh. Karmu Ram, Resident of Village, Jeory, Post Office, Tattapani, , Tehsil, Karsog, District, Mandi (HP). Veena Rani D/O Sh. Jai Dev, r/o VPO Churuhu, Tehsil Amb, Distt. Una(HP)-177211. Sanjeev Kumar son of Shri Gurdep Singh, r/o VPO Basal, Tehsil and Distt. Una(HP)-174303. Vikas Sharma son of Shri Surender Sharma, r/o VPO Dhalwari, Sub Tehsil Bharwain, Distt. Una, (HP)-177110. Jaswinder Kaur D/O Sh. Harmohinder Singh, r/o House NO. 645, Pullwala Bazar, Una( HP)-174303. Jagmohan Kaur d/o Hari Singh, Congress Street, Ward NO.7, Main Bazar, Dist. Una(HP)-174303. Sandeep kaundal son of Shri Gurmush Singh, r/o VPO Ghanari, Tehsil Amb, Dist. Una, HP-177212.

10
8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Surinder Kumar s/o Sh. Baldev Singh, r/o VPO Ghangret, Tehsil Amb, Dist. Una(HP)-177110. Avtar Chand s/o Sh. Nagtha Ram, r/o VPO Haroli, Tehsil Haroli, Distt. Una-177220(HP). Ram Kumar son of Sh. Gagna Ram, r/o VPO Basal, Tehsil and Distt. Una(HP)-174303. Renu Bala d/o Shri Karam Chand, r/o VPO Takoli, Tehsil BanganaDistt. Una, (HP)-177039. Shakin Bibi d/o Sh. Aif Deen, r/o VPO Amb (Partap Naggar), Tehsil Amb, Distt. Una(HP)-177203. Payal d/o Shri Satish Kumar, r/o Vill. Panjoa Khurd, PO Ladali, Tehsil Amb, Diust. Una(HP)-177211. Ranjan Bibi d/o Sh. Jan Mohammad, r/o Village Guliar, PO Rajpur Jaswan, Tehsil Amb, Distt. Una(HP)-177210. Km. Anjana d/o Sh. Hans Raj, r/o VPO Nari Dera Baba Rudru, Tehsil and Distt. Una(HP)-174303. Renu Parmar w/o Sh. Ravi Kumar, r/o VPO Gondpur Banehra, The. Amb, Distt. Una(HP)-177213. Jevan Kumar Sharma s/o Sh. Kishori La,l, r/o Village Aiya PO Ambehra, Tehsil Bangana Distt. Una-174314. Sanjay Kuamr son of Shri Kuldeep Kumar, r/o Village & PO Panoh, Tehsil and Distt. Una(HP). Keshav Rana s/o Shri Ashok Kumar Rana, r/o VPO Singan, Tehsil Haroli, Distt. Una(HP). Arun Kumar son of Sh. Mehar Chand, r/o Vill. Badehar, PO Tanoh, Tehsil Bangana, Distt. Una(HP). Pardeep Kumar son of Paras Ram, r/o VPO Saloh, Tehsil and Distt. Una, HP-177209. Amandeep Kaur d/o Sh. Karnail Singh, Near HRTC Workshop, Prem Nagar, Nangal Road, Una(HP). Sanjogta Devi d/o Sh. Hem Raj, w/o Sanjay Kumar, r/o VPO Bhadsali Lower, Tehsil Una(HP)-174317. Chander Rehva Devi, d/o lt. Shri Surinder Singh, r/o VPO Jannaur, Tehsil and Distt. Una(HP)-174303. Renu Bala, d/o Sh. Kishan Singh, w/o Sh. Ajay Kumar, r/o Village Chalola, Tehsil and Distt. Una(HP). Pankaj Kumar s/o Sh. Paramjeet Singh, r/o VPO Basosli, Tehsil and Distt. Una(HP)-174303. Sunil Kumar s/o Sh. Roshan La, r/o VPO Chowar, Tehsil Amb, Distt. Una(HP)-177203. Ashok Kumar son of Sh. Roshan Lal, r/o VPO Paloh, Tehsil Amb, Distt. Una, -177039. Petitioners versus State of Himachal Pradesh through Principal Secretary (Education) to the Govt. of Himachal Pradesh, Shimla. Director of Elementary Education to the Govt. of Himachal Pradesh, Shimla. Deputy Director of Elementary Education to the Govt. of Himachal Pradesh Shimla. Respondents.

1. 2. 3.

11
CWP No.1502/2012 Ms Nisha Kumari D/O Sh Nikka Ram (at present W/O Sh. Pawan Kumar), R/O Village Karha, P.O. Bijhari, Tehsil Mehare, Distt Hamirpur, H.P., presently residing at Village Kotlu Brahamna, Tehsil Ghumarwin, District Bilaspur, H.P. .Petitioner. versus 1. 2. State of H.P. through Secretary Education, Govt of H.P. Director of Elementary Education, Directorate of Education, Government of H.P., Shimla-1. Respondents. Writ Petitions under Constitution of India. Articles 226/227 of the

Coram: The Honble Mr. Justice Sanjay Karol, Judge. For the Petitioners
Dushyant Dadwal & Mr. : Mr. Chandranarayana Singh, Advocates.

For the Respondents : Mr. Ramesh Thakur, Assistant Advocate General and Ms Anita Dogra, Central Government Counsel. Justice Sanjay Karol, Judge(Oral)
These bunch matters are being disposed of by a common judgment since relief claimed for is identical and facts are similar. In CWP No.11746 of 2011, petitioner has

prayed for the following relief: It is therefore respectfully prayed that keeping in view the averments made in the petition, the present petition may kindly be allowed and the respondents may kindly be allowed to consider the case of the petitioners for the batch 2002-2004 & 2003-2005, while conducting the counseling for the appointment of JBT candidates for the purposes of appointment in the services in the State of Himachal Pradesh keeping in view the fact that they were admitted for the said course in the batches 2002-2004 & 2003-2005 respectively except their examination part, which could not take place due to the litigations between the concerned institute & the respondents as also the H.P. Board of School Education & the petitioners have been made to suffer for no fault of them as also keeping in view the fact that petitioners precious 6-7 years of life

12
& career has already been wasted, with the further direction to the respondents to consider the case of the petitioners against candidates for batches 2002-2004 & 2003-2005 respectively or to give them some kind of preference/priority over other candidates in the interest of justice.

2.

Controversy raised in these petitions is short,

simple and similar. Petitioners were admitted to two years JBT Training course in the years 2002-2004/2008-2010. On

account of certain disputes with regard to those courses, petitioners could not undertake their final examinations at the end of their two years training programme. Eventually, with the passing of certain directions by various Courts, petitioners were allowed to undertake their examination and complete their JBT Course.

3.

There

is

no

dispute

that

petitioners

have

successfully completed their training, as is so required by law. Petitioners have spent huge amount of money by borrowing loans from financial institutions for undertaking this course.

4.

For filling up the post of JBT, it is not in dispute

that government is employing persons, who have completed such JBT training course. However, such appointments are Some of the petitioners

being made on batch-wise basis.

undertook their training in the year 2002-2004 whereas others have undertaken their course in 2008-2010 batch. In the R&P Rules for the post of JBT, there is no requirement for clearing any Test (TET), as so stipulated in the Rules framed under under the Right of Children to Free and Compulsory Education Act, 2009. condition. In fact State itself has not imposed any such

13
5.
It is also seen that the State has been pursuing

the matter with the Central Government seeking dispensation/ relaxation of such criteria before filling up the posts of JBT. In fact, State of Haryana has issued a notification to the effect that appointments be given to the candidates, who have completed their training and TET can be undertaken by the successful candidates on or before 1st April, 2015. Now the

State itself is in a position to take similar steps, which have been so taken by the Government of Haryana.

6.

Independently,

it

be

also

observed

that

respondents themselves have been adopting a policy of pick and choose, with regard to certain similarly situated persons, who approached this Court by way of CWP No.2994 of 2008, titled as Avinash Chander Sharma and others versus State of H.P. and others, wherein vide judgment dated 3.6.2011, the following observations were made: Consequently, there will be a direction to respondent No.1 to take a decision with regard to filling-up of the backlog of posts of JBT in entire State of Himachal Pradesh, in accordance with the Reservation Policy and also procedure prescribed under the Rules. It is the grievance of the petitioner that no requisition is being sent by the Government to the ex-servicemen Cell for sponsoring the names mentioned in their roles. All posts to be filled-up by ex-servicemen or their dependents are to be identified and notified accordingly. It is clarified that till such time this procedure is not complied with, no posts of JBT shall be filled-up. The process of identification of the posts in question, if required, shall positively be completed within a period of four months from the receipt of copy of this judgment. Only thereafter, process for selection and appointment shall take place, which in any even must complete within a reasonable period, in accordance with statutory rules, guidelines and instructions.

14
7.
Significantly, while complying with such directions,

respondents themselves have given appointment to the petitioners therein without insisting upon the condition of clearance of TET. Hence, this discriminatory approach cannot be allowed to be adopted by the Government in the case of the present petitioners. A uniform policy and approach has to be adopted qua all similarly situated persons. There cannot be any pick and choose. The actions of the State in the instant cases are thus arbitrary, whimsical and illegal.

8.

As such these petitions are disposed of with a

direction to the respondents-State to also consider the petitioners case for appointment to the post of JBT, on batchwise basis, in accordance with law and the policy so adopted by the State, while giving appointment to similarly situated persons, which is evident from Annexure P-7, filed in CWP No.5933 of 2012. All consequential actions shall positively be taken within a period of two weeks from the date of production of certified copy of this order. Additionally, it shall be open for the petitioners to approach the respondents, clearly bringing out the steps which have been taken by four other States, while appointing similarly situated persons as teachers (JBT). Pending application(s), if any, also stand disposed of. Copy dasti.

August 21, 2012(sd)

( Sanjay Karol ), J.