Himachal Pradesh High Court
Meena Devi vs State Of Hp & Ors. on 6 January, 2025
Meena Devi vs State of HP & Ors.
CWPOA No.3361 of 2020
06.01.2025 Present: Ms. Chetna Thakur, Advocate for the
petitioner.
Mr. Baldev Singh Negi, Additional Advocate
General, for respondents No.1 to 3-State.
Mr. Neel Kamal Sharma, Advocate for the
respondent No.4.
Learned counsel for petitioner states that
in terms of Rule 10(B) and Note (ii), the statutory
rules specifically provides that the eligibility for the post
of Language Teacher is to be determined from the
date of issuance of original certificate of Bachelors of
Education [B.Ed] in the normal course. She submits
that the statutory rules further provide that if more
than one candidate has been issued the final B.Ed
examination on the same day, then, the inter se
seniority would be determined on the basis of TET [LT
Hindi merit].
2. Per contra, in the teeth of statutory
provisions, learned counsel for petitioner states that
petitioner [Meena Devi], as well as private respondent
no. 4 [Pusha Devi] both have passed B.Ed Examination
from University of Kashmir, in terms of the Certificates
dated 02.09.2004 and once the date of issuance of B.Ed
Certificates of petitioner as well as private respondent
No.4 is same, therefore, as per Rule 10(B) & Note (ii) of
the Rules, the merit is to be determined on the basis of
TET merit, and since the private respondent No.4 has
higher TET merit, therefore she was rightly given
appointment over and above the petitioner.
3. Learned counsel for the private respondent
prays for and is granted three weeks’ time to place on
record B.Ed Certificate, so as to test the veracity of the
contention made by Learned Counsel for Private
Respondent No.4.
4. Meanwhile, Learned State Counsel to file
Supplementary Affidavit, in compliance to the orders
dated 18.11.2024.
List this matter, on reopening of Courts
after winter vacations.
(Ranjan Sharma)
January 06, 2025 Judge
(Chiranjeev)