IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA C.W.P.No.1750/2009 & C.W.P No. 1641/2008. Date of decision:6-4-2011 ------------------------------------------------- 1. C.W.P No. 1750/2009 Manu Bala Petitioner Versus State of H.P. & others Respondents 2. C.W.P No. 1641/2008 Vikas Sadyal. Petitioner Versus State of H.P & others Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting1? C.W.P No. 1750/2009. For the petitioner: Mr.Onkar Jairath, Advocate. For the respondents: Mr. Vivek Thakur,Addl. Advocate General with Mr. Rajesh Mandhotra, Deputy AG for respondents No. 1,2 and 4. Mr. Kush Sharma, vice counsel for respondent No.3. C.W.P No. 1641/2008 For the petitioner: Mr.S.C Sharma, Advocate. For the respondents: Mr. Vivek Thakur,Addl. Advocate General with Mr. Rajesh Mandhotra, Deputy AG for respondents. Per Deepak Gupta.J.(Oral): These two petitions are being disposed of by a common judgment since a common question of law is involved in both these cases. Whether the reporters of Local Papers may be allowed to see the Judgment? 2 2. The question which arises is whether the petitioners who are graduates in Commerce and also have degree of BEd. were eligible to be appointed as Trained Graduate Teachers as per rules existing on 29-3-2008. The rules as they existed on 29.3.2008 provided that any graduate in Arts, Science or Commerce with 50% marks and having degree of BEd. was eligible for being appointed as TGT. These rules were amended later on in the year 2009. As per amendment made in the year 2009, the posts of TGTs were divided into TGT Arts, TGT Medical and TGT Non-Medical. Now the rules provide that they should be graduates in a particular subject(s) and commerce graduation are not correct. 3. The case of the petitioner is that they were eligible for appointment prior to the promulgation of the new rules on batch wise basis. 4. It is not necessary to go into this dispute in great details because already in a large number of cases, this court has directed the State to consider the case of similarly situated persons who were eligible for appointment to the post of TGT. One such petition was CWP No. 1268/2008 in which this Court issued directions for considering the cases of commerce graduates for appointment to the post of TGTs. Similar directions have been given in a large number of other cases. In fact, a perusal of order dated 9-12-2010 passed by the State Government shows that 3 commerce graduates namely, Udaybir Singh, Mohinder Pal and Bhagwan Dass were appointed as TGT pursuant to the directions issued by this Court. Therefore, the petitioners are also entitled for a similar treatment . 3 5. Consequently, the writ petitions are allowed and the respondent-State is directed to consider the case of the petitioners to the post of TGTs on the same analogy as has been done in case of petitioner in CWP No. 1268/2008. Both the petitions are disposed of in the aforesaid terms. No order as to costs. 6th April, 2011 (Deepak Gupta), J. (priti)