IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No.:2622/2008 Decided on: 4.3. 2009 Parkash Chand. …Petitioner. Versus State of Himachal Pradesh and others. …Respondents Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting ?1. No For the petitioner : Mr. T.C. Sharma, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. and Mr. Vikas Rathore, Dy. A.G. Rajiv Sharma, J. (Oral) The petitioner was working as a Classical and Vernacular (C&V) Teacher. He improved his qualification in the year 1979. The precise case of the petitioner is that the category of C&V Teachers should also be considered for the post of Lecturer at par with the Trained Graduate Teacher (TGT) after acquiring higher qualification. The case projected by the State Government is that as per the Recruitment and Promotion Rules, the post of School Lecturer is to be filled up 50% by direct recruitment and 50% by the TGT/Home Science mistresses/Commercial teacher/Agriculture Masters possessing the qualification as prescribed for 1 Whether the reporters of Local Papers may be allowed to see the judgment? No 2 direct recruitment i.e. Master Degree in the concerned subject from the recognized University or its equivalence. There is no express provision in the Recruitment and Promotion Rules to promote the C&V Teacher though they may be possessing higher qualification as Lecturer. As far as this category is concerned, they on acquiring B.Ed. training can be promoted to the post of TGT against 25% quota after being promoted as TGT they become eligible for promotion to the post of Lecturer if they possess the requisite qualification against 50% quota reserved for promotion. It is for the employer to frame the rules and to provide avenues for promotion. The Court cannot direct the State Government to make provisions to promote the teachers belonging to Classical and Vernacular Teachers’ category as Lecturer. The feeder categories for promotion to the post of Lecturer as per the Recruitment and Promotion Rules are TGT/Home Science mistresses/Commercial teacher/Agriculture Masters possessing the qualification. Accordingly, there is no merit in the petition and the same is dismissed. There will, however, be no order as to costs. 4.3.2009 (Rajiv Sharma ), J. *awasthi*