IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 638 of 2004. Judgment reserved on 18.7.2008. Date of decision: August 4, 2008 Ms. Ekta Khadwal ….. Petitioner -Versus- State of HP & ors. …. Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. The Hon’ble Mr. Justice V.K. Ahuja, Judge. Whether approved for reporting? Yes. For the Petitioners: Mr. N.K.Thakur, Advocate For Respondents 1to 3: Mr. R.M.Bisht, Deputy Advocate General No.4: Mr. Sanjeev Bhushan, Advocate. Deepak Gupta, J. This petition is directed against the order of the learned H.P. State Administrative Tribunal dated August 6, 2004 whereby OA No. 3831/2003 filed by respondent No.4 was allowed and the appointment of the petitioner as para teacher TGT (non-medical) in Government Senior Secondary School, Takoli, Tehsil Bangana, was set aside. The respondent No. 4 filed an Original Application before the learned Tribunal praying that the petitioner - 2 - herein, had obtained her B.Sc. degree without qualifying mathematics and was, therefore, not eligible to be considered to the post of Trained Graduate Teacher (non-medical) ( for short: TGT (non-medical). The learned Tribunal upheld this contention and set aside the appointment of the petitioner. Aggrieved by the said order, the petitioner has filed the present writ petition. We have heard Shri N.K. Thakur, learned counsel for the petitioner, Shri R.M.Bisht, learned Deputy Advocate General for respondents 1 and 3 and Shri Sanjeev Bhushan, learned counsel for the original applicant- respondent No.4. The only question which arises for discussion is whether the petitioner fulfilled the essential educational qualifications required for the post of TGT(non-medical). The minimum educational qualifications provided under the Promotion and Recruitment Rules for the post of TGT(non-medical) are as follows:- “ 1. TGT (Non-medical) i) Pass course with Physics, Chemistry & Math as combination subjects OR ii) Honours Course in Physics with Chemistry and Math as subsidiary subjects. iii) Honours in Chemistry with Physics and math as subsidiary subjects. OR - 3 - iv) Honours course in Math with Physics and Chemistry as subsidiary subjects. OR v) Pass course with Physics, Math and one of the vocational subjects introduced by the UGC at the first degree level. OR vi) Pass course with Physics, Chemistry and one of the vocational subjects introduced by the UGC at first degree level (candidate must have passed + 2 class with Math). OR vii) Pass course with Physics, Chemistry and Geology or Geography (candidate must have passed +2 with Math).” Admittedly, the petitioner has obtained her B. Sc degree from Rohilkhand University. Though mathematics was a subject in the first two years in the B.Sc course in this University, she has not passed her final degree with mathematics as one of the subjects. It is also not disputed that this degree of the Rohilkhand University is recognized in the State of H.P. The question which arises is as to whether the petitioner was eligible under any of the criteria for appointment as TGT (non-medical) teacher. It is obvious that the case of the petitioner is not covered under categories (i) to (v) of the minimum qualifications required for the TGT(non-medical). In all these categories, mathematics should be one of the main or one of the subsidiaries subjects. The petitioner did not have mathematics either as a main subject or as a subsidiary subject. - 4 - The main thrust of the case of the petitioner is that she falls in category (vi) or (vii) since a candidate having passed +2 in mathematics under these categories is eligible for appointment as TGT(non-medical). We cannot accept this contention. Category (vi) deals with the persons who have done B.Sc. with Physics, Chemistry and one of the vocational subjects introduced by the UGC. Category (vii) deals with persons who have passed B.Sc with Physics, Chemistry and Geology or Geography. In these two cases, the candidate can be eligible if he has done mathematics only till the +2 level. The case of the petitioner does not fall under any of the criteria. She has not obtained her B.Sc. degree with vocational subjects introduced by the UGC nor has she done her B.Sc degree with one of the subjects being Geology or Geography. It is only in such cases that the requirement of having passed mathematics at the graduation level has been dispensed with. Since the petitioner has not done mathematics in the graduation level and her B.Sc degree is without mathematics, she is not eligible for appointment. Therefore, her selection being illegal and void has rightly been set aside. - 5 - In view of the above discussion, the petition is without any merit and is accordingly dismissed. (Deepak Gupta J. August 4, 2008. (V.K.Ahuja ), J. s.