Decide PET appointment cases in four weeks: Himachal HC

Legal Correspondent

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Shimla, July 29

The HP High Court has directed the state government to consider and decide the cases of the candidates, who did not possess the requisite qualification in terms of the new Recruitment and Promotion Rules (R&P) notified in 2011, for appointment as physical education teachers (PET) on the batch-wise basis within four weeks.

While passing this order, Justice Sandeep Sharma observed “at present more than 870 PET posts are vacant in the state. As such, the cases of the petitioners can be easily considered for appointment as PETs on the batch-wise basis after granting them relaxation in the minimum qualification in terms of the notification issued on February 15, 2011, whereby one-time relaxation was given to the candidates, who did not possess the requisite qualification in terms of the new Recruitment and Promotion Rules notified in 2011.”

The court passed the order on a bunch of petitions filed by the candidates for PET posts. They contended that since the notification issued on February 15, 2011, the state authorities decided to give relaxation to candidates, who had passed one-year diploma, for appointment as PETs subject to the condition that they would have to improve their educational qualification within five years, the cases of the petitioners ought to have been considered for appointment as PETs among other eligible candidates. They said that there were only 350 candidates while more then 800 PET posts were vacant.

But the government rejected their candidatures on the ground that they were not having the requisite qualifications of Class XII pass with 50 per cent marks and a two years diploma in physical education prescribed under the new R&P Rules, 2011.

While allowing the petitions, the court held, “There is no dispute that all petitioners herein after having passed one-year diploma in physical education between 1996 and 1999 got their names registered in different employment exchanges across the state. The state government took a conscious decision to give relaxation in qualifications and issued a notification in this regard. Now, denying the benefit of the notification to the petitioners not only amounts to discrimination but also violates their right to equality as enshrined under Article14 of the Constitution of India and against the doctrine of equality in the matter of appointment and promotion, as provided under Article16 of the Constitution.”