IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2935 of 2010 Decided on : 04.06.2010 Suman Kumar ..…Petitioner. Versus State of Himachal Pradesh and others …… Respondent. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Sharma, Judge. For the Petitioner : Mr. Rakesh Chandel, Advocate. For the respondent s : Mr. R.K. Sharma, Sr. Addl. Advocate General. Justice Kurian Joseph, C.J. (Oral) The petition has been filed with the following prayers:- “(i) That the writ in the nature of Mandamus to the respondents for implementation of office order dated 27.1.2010 (Annexure P-1) may kindly be issued. (ii) That the direction in the nature of Mandamus may also be issued to the respondent No.3 to relieve the present petitioner from the present place of posting P.W.D Department CV Division Udaipur to the new place of posting at Bilaspur Division No.2 P.W.D Department, H.P.” 2. Mr. R.K. Sharma, Sr. Addl. Advocate General, submits that the petitioner will be relieved within three weeks from today. In view of the above, respondent No.3 is directed to relieve the petitioner accordingly within three weeks. 3. The writ petition is disposed of so also the pending application(s), if any. Copy dasti. (Justice Kurian Joseph) Chief Justice (Justice V.K. Sharma) Judge 4th June, 2010(lsp). Lsp* 2 4. Pending CMP, if any, shall also stand disposed of as infructuous. (Justice Kurian Joseph), Chief Justice (V.K. Sharma) Judge. 3rd June, 2010. Lsp* 3 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 1701 of 2010. Decided on: 20th May, 2010. Shilpa Aggrawal. …Petitioner. Versus HP Subordinate Service Selection Board. …Respondent. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Dev Darshan Sud, Judge. For the petitioner : Mr. Vishwa Bhushan, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. Advocate General, with Mr. J.K.Verma, Dy. Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The petitioner is an applicant for selection to the post of TGT (Non Medical). She is a science graduate and she has passed B.Ed. She did her graduation with Chemistry Honours and the other subjects are Industrial Chemistry and Mathematics. It is the contention of the petitioner that going by the Recruitment and Promotion Rules, ruling the field at the relevant time, namely, the date of submission of the application and the date of written test and interview, the petitioner satisfied the qualification of graduation in Science. However, the notification stipulated that the candidate should have specified the subjects. According to the learned 2 counsel for the State, the only intention was to clarify the position in view of the requirement of teachers in specialized subjects. 2. We have held in our decision dated 29.4.2010 in Kamlesh Kumar vs. State of H.P. and anr, CWP No.3703 of 2009 along with connected matters that so long as the Rules governing the field required the qualification only of graduation in Science, the Selection Committee cannot improve the Rules and make their own amendments. We find that the petitioner in this case has come out successful in the written test and has also secured 150 marks in place of 143 marks for interview. 3. In the light of what is stated above, there will be a direction to the respondent to treat the petitioner as duly qualified and take further steps in the matter of selection of the petitioner within a period of one month from the date of production of a copy of this judgment. The writ petition is disposed of, so also the pending applications. Dasti copy. (Justice Kurian Joseph), Chief Justice 20th May, 2010. (Justice Dev Darshan Sud), (tr) Judge. 4