IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMP(M) No. 1296 of 2011 in LPA No. 357 of 2011. Decided on: September 16, 2011. State of H.P. & anr. Vrs. Manu Bala & ors. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Sanjay Karol, Judge. For the appellants: Mr. Ankush Dass Sood, Addl. AG with Mr. J.K.Verma, Dy. AG, for respondents No. 1 to 3. For the Respondents: Mr. Onkar Jairath, Advocate, for respondent No.1. Mr. B.C.Negi, Advocate, for respondent No.2. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) CMP(M) No. 1296 of 2011 in LPA No. 357 of 2011. The State, respondent in CWP No. 1750 of 2009, has come up in appeal aggrieved by the judgment dated 6.4.2011 in the said writ petition. The issue pertains to the appointment in TGT Arts. The writ petitioner, the respondent No. 1 herein is graduate in Commerce. After amendment of the R& P Rules in the year 2008, the appointment was permissible only in specialized subjects, to be specific in TGT (Arts), TGT (Medical) and TGT (Non-Medical) . Commerce did not find a place therein. That would mean that the petitioner who graduated prior to the amendment of Rules will not be in a position to apply for any post, in terms of the amendment. But the fact remains that the appointment was to a vacancy which existed prior to the amendment. It is also seen that in many cases the government itself had granted relaxation for such candidates as can be seen from the ground No. 4 of the appeal itself. Still further, it is seen that one judgment in CWP No. 1268 of 2008 has attained finality. In that view of the matter, it is not necessary to condone the delay in filing the appeal. Hence, the delay petition and the appeal are dismissed. (Justice Kurian Joseph), Chief Justice. September 16, 2011. ( Justice Sanjay Karol ), (karan) Judge.