IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 7281 of 2010 Date of Decision : February 28, 2011 Gandhi Ram Petitioner Versus State of H.P. and others Respondents Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Sanjay Karol, Judge. For the petitioner : Mr. Avinash Jaryal, Advocate. For the respondents : Mr. R. K. Bawa, Advocate General with Mr. Ankush Dass Sood, Addl. A.G. and Mr. J. K. Verma, Dy. A.G. for the respondents. Justice Kurian Joseph, C.J. (Oral) The petitioner is aggrieved since his regularization has been withdrawn on the ground that he does not possess 5th pass standard as prescribed under the R&P Rules. In several cases, this Court has taken the view that when such people joined duty and having served the State for a number of years, there was no problem with them on account of their lesser education. We have also held that it is a case where the Government should consider the relaxation of the rigor of the rule, in terms of equity and justice, since the post held is only that of Beldar, which he held, though on 2 daily wages for a number of years. In that view of the matter, the impugned order is set aside with direction to the Government to consider the matter in light of the observations, as above. With the above observations, the writ petition stands disposed of, so also the pending application(s), if any. Dasti copy. (Kurian Joseph), Chief Justice. (Sanjay Karol), Judge. February 28, 2011 (jai/pankaj)