IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. : 5773 of 2010. Decided on: 25.11.2010. _________________________________________________ Mohinder Singh and others. … Petitioners. Versus The Principal Secretary (Elementary Education) and anr. … Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice Kurian Joseph, Chief Justice. Hon’ble Mr. Justice V.K. Sharma, Judge. For the petitioner : Ms. Suman Thakur, Advocate. For the respondents : Mr. R.K. Bawa, A.G. with Mr. Ankush Dass Sood, Addl. A.G. ___________________________________________________________ Justice Kurian Joseph, C.J. (Oral). The petition is filed with the following prayer:- (i) Writ in the nature of mandamus may kindly be issued, thereby respondent-department may kindly be restrained from making appointment to the post of Language Teachers as per amended Rules, as the same are illegal and unconstitutional. (ii). That the amended R&P Rules may be declared illegal as the same have debarred the candidates who were eligible as per old R&P Rules. (iii). That the respondent-State may be directed to appoint the petitioners who are eligible as per old R&P Rules as the Subordinate Selection Board has already conducted interview for 81 posts as per directions of this Hon’ble Court and there will only be approximately 100 candidates to be appointed as per old Rules, because the department has decided to fill up 450 posts of Language teacher as per new R&P Rules. 2. In the preliminary submissions vide para 3 and para 6 of the reply on merits, it is stated as follows:- Preliminary submissions: “3. That it is submitted that the recruitment for 81 vacancies of Language Teachers through H.P. Subordinate Service Selection Board, Hamirpur and 100 vacancies on batchwise basis through Deputy Director of Education for which the recruitment process was initiated prior to the revision of new R&P 2 Rules is being completed as per R&P Rules for Language Teacher in vogue at the time of notification of vacancies. It is further submitted that the Secretary, H.P. Subordinate Service Selection Board, Hamirpur has been informed to continue with the selection process strictly as per the advertisement dated 17.2.2009. Reply on merits: 6. That in reply to this para, it is submitted that the department has started the process to fill up 200 posts of Language Teachers are notified prior to the amendment in the Rules i.e. 31.12.2009 and the process is being completed as per old R&P Rules.” 3. The submissions are recorded. In case the petitioners still have any grievance with regard to the batch-wise selection in view of the stand taken in the reply, it will be open to the petitioners to point out the same within one month from the date of production of copy of judgment along with copy of writ petition by the petitioners before the first respondent, in which case the first respondent shall look into the matter and take appropriate action in accordance with law within another three weeks. 4. The petition stands disposed of, so also the pending application(s), if any. Dasti copy. (Justice Kurian Joseph) Chief Justice. (Justice V.K. Sharma) Judge. November 25, 2010. (cr/virender)